By Garcia                                              H.B. No. 328
         76R2442 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibiting certain discrimination against an employee
 1-3     who sustains an employment-related injury.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 451.001, Labor Code, is amended to read
 1-6     as follows:
 1-7           Sec. 451.001.  DISCRIMINATION AGAINST EMPLOYEES PROHIBITED.
 1-8     (a)  A person may not discharge or in any other manner discriminate
 1-9     against an employee because the employee has:
1-10                 (1)  filed a workers' compensation claim in good faith;
1-11                 (2)  hired a lawyer to represent the employee in a
1-12     claim;
1-13                 (3)  selected a doctor as provided by Section 408.022
1-14     to provide medical treatment to the employee;
1-15                 (4)  instituted or caused to be instituted in good
1-16     faith a proceeding under Subtitle A; or
1-17                 (5) [(4)]  testified or is about to testify in a
1-18     proceeding under Subtitle A.
1-19           (b)  An employer who does not provide workers' compensation
1-20     insurance coverage may not discharge or in any other manner
1-21     discriminate against an employee who sustains an injury that would
1-22     be a compensable injury under Subtitle A if the employer provided
1-23     workers' compensation insurance coverage because the employee has:
1-24                 (1)  instituted or caused to be instituted an action
 2-1     against the employer based on the employment-related injury;
 2-2                 (2)  hired a lawyer to represent the employee in an
 2-3     action described by Subdivision (1);
 2-4                 (3)  selected a doctor chosen by the employee to
 2-5     provide medical treatment for the employment-related injury; or
 2-6                 (4)  testified or is about to testify in an action
 2-7     described by Subdivision (1).
 2-8           SECTION 2.   Section 451.001, Labor Code, as amended by this
 2-9     Act, applies only to a cause of action that  accrues on or after
2-10     the effective date of this Act.  A cause of action that accrues
2-11     before that date is governed by the law as it existed immediately
2-12     before the effective date of this Act, and that law is continued in
2-13     effect for that purpose.
2-14           SECTION 3.   This Act takes effect September 1, 1999.
2-15           SECTION 4.   The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.