By Brimer                                             H.B. No. 1305

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to safety consultations.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Amend Section 411.003, Texas Labor Code, to read

 1-5     as follows:

 1-6           Sec. 411.003.  Immunity from Certain Liability.  (a)  An

 1-7     insurance company, the agent, servant, or employee of the insurance

 1-8     company, or a safety consultant who performs a safety consultation

 1-9     under Subchapter D or E  has no liability for an accident, injury

1-10     or occupational disease based on an allegation that the accident,

1-11     injury or occupational disease was caused or could have been

1-12     prevented by a program, inspection, or other activity or service

1-13     undertaken by the insurance company for the prevention of accidents

1-14     in connection with operations of the employer.

1-15           (b)  The immunity provided by Subsection (a) does not affect

1-16     the liability of an insurance carrier for compensation or as

1-17     otherwise provided in this subtitle.

1-18           SECTION 2.  This legislation shall take effect September 1,

1-19     1997, and shall affect and apply to any cause of action then

1-20     pending or thereafter filed.

1-21           SECTION 3.  The importance of this legislation and the

1-22     crowded condition of the calendars in both houses create an

1-23     emergency and an imperative public necessity that the

1-24     constitutional rule requiring bills to be read on three several

 2-1     days in each house be suspended, and this rule is hereby suspended.