HBA-LCA, ATS H.B. 2451 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2451 By: Dunnam Civil Practices 4/26/1999 Introduced BACKGROUND AND PURPOSE Section 406.033, Labor Code (Common-Law Defenses; Burden of Proof), establishes that contributory negligence of a worker may not be raised by an employer who does not subscribe to workers' compensation insurance. This provision provides an incentive for an employer to subscribe by providing assistance to a worker in recovering damages when an employer does not provide coverage. However, an appellate court and the Texas Supreme Court have found that the comparative responsibility statute, which provides a similar practical effect as contributory negligence, may bar or reduce a worker's recovery of damages, while another appellate court has ruled the opposite. H.B. 2451 clarifies this discrepancy by prohibiting a court from considering any comparative responsibility of the employee to bar or reduce an employee's recovery. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 406.033, Labor Code, by adding Subsection (e) to prohibit the court from considering any comparative responsibility of the employee to reduce or bar the employee's recovery in an action described by Subsection (a) against an employer who does not have workers' compensation insurance coverage. Provides that Sections 33.001 (Proportionate Responsibility), 33.003 (Determination of Percentage of Responsibility), 33.012 (Amount of Recovery), and 33.013 (Amount of Liability), Civil Practice and Remedies Code, do not apply to an action described by Subsection (a). SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.