1-1     By:  Brimer (Senate Sponsor - Armbrister)             H.B. No. 1305

 1-2           (In the Senate - Received from the House April 16, 1997;

 1-3     April 18, 1997, read first time and referred to Committee on

 1-4     Economic Development; May 18, 1997, reported adversely, with

 1-5     favorable Committee Substitute by the following vote:  Yeas 10,

 1-6     Nays 0; May 18, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1305                   By:  Lucio

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to safety consultations.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 411.003, Labor Code, is amended to read

1-13     as follows:

1-14           Sec. 411.003.  Immunity from Certain Liability.  (a)  An

1-15     insurance company, the agent, servant, or employee of the insurance

1-16     company, or a safety consultant who performs a safety consultation

1-17     under Subchapter D or E  has no liability for an accident, injury,

1-18     or occupational disease based on an allegation that the accident,

1-19     injury, or occupational disease was caused or could have been

1-20     prevented by a program, inspection, or other activity or service

1-21     undertaken by the insurance company for the prevention of accidents

1-22     in connection with operations of the employer.

1-23           (b)  The immunity provided by Subsection (a) does not affect

1-24     the liability of an insurance carrier for compensation or as

1-25     otherwise provided in this subtitle.

1-26           SECTION 2.  This Act shall apply to a cause of action,

1-27     pleadings or motions in a suit filed on or after the effective date

1-28     hereof.  Any suit filed and commenced before the effective date of

1-29     this Act is governed by the law applicable thereto and in effect

1-30     prior to the effective date hereof, and, solely for that purpose,

1-31     such law is continued in effect.

1-32           SECTION 3.  The importance of this legislation and the

1-33     crowded condition of the calendars in both houses create an

1-34     emergency and an imperative public necessity that the

1-35     constitutional rule requiring bills to be read on three several

1-36     days in each house be suspended, and this rule is hereby suspended.

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