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. 1-37 * * * * *