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.