By Gutierrez, Najera H.B. No. 452
Substitute the following for H.B. No. 452:
By Gutierrez C.S.H.B. No. 452
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring certain entities licensed by the Texas State
1-3 Board of Private Investigators and Private Security Agencies to
1-4 carry workers' compensation insurance coverage.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 40, Private Investigators and Private
1-7 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-8 Statutes), is amended by adding Subsections (c)-(e) to read as
1-9 follows:
1-10 (c) In addition to the requirements of Subsection (a) of
1-11 this section, a license may not be issued to an applicant unless
1-12 the applicant files with the board:
1-13 (1) a certificate of workers' compensation insurance
1-14 coverage issued by an insurer admitted to engage in the business of
1-15 insurance in this state; or
1-16 (2) proof satisfactory to the board that the applicant
1-17 provides other comprehensive employee injury benefit coverage.
1-18 (d) An applicant who elects to provide other employee injury
1-19 benefit coverage as described by Subsection (c) of this section
1-20 must provide coverage that includes indemnity, wage replacement,
1-21 and medical and legal liability benefits for employee injuries that
1-22 occur in the course and scope of employment in at least the
1-23 following amounts:
1-24 (1) for medical expenses, $300,000 for at least 104
2-1 consecutive weeks following the date of the injury;
2-2 (2) for accidental death benefits or for fatal
2-3 injuries, $100,000; and
2-4 (3) for wage replacement, at least 75 percent of the
2-5 employee's pre-injury weekly income for not more than 104
2-6 consecutive weeks after the date of the injury, not to exceed
2-7 $600,000.
2-8 (e) Notwithstanding any other law, the liability of a
2-9 license holder who provides the employee benefits required by
2-10 Subsection (c) and who is subjected to a claim for additional
2-11 damages for a work-related injury brought by an employee, an heir
2-12 or beneficiary of the employee, or any other party is limited to
2-13 $250,000 for all damages, costs, interest, attorney's fees, and
2-14 amounts previously paid as benefits to or for the employee as
2-15 medical expenses and wage replacement. The limitation of liability
2-16 under this subsection does not apply to a claim based on the death
2-17 of an employee caused by an intentional act or omission of the
2-18 license holder or gross negligence by the license holder.
2-19 SECTION 2. Section 45, Private Investigators and Private
2-20 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
2-21 Statutes), is amended by adding Subsection (j) to read as follows:
2-22 (j) The board shall require that in order to renew a
2-23 license, a license holder must provide proof that the license
2-24 holder satisfies the insurance requirements of Section 40(c) of
2-25 this Act.
2-26 SECTION 3. (a) This Act takes effect January 1, 2000.
2-27 (b) The change in law made by this Act to Section 40,
3-1 Private Investigators and Private Security Agencies Act (Article
3-2 4413(29bb), Vernon's Texas Civil Statutes), applies only to a
3-3 license application filed on or after the effective date of this
3-4 Act. A license application filed before the effective date of this
3-5 Act is governed by the law in effect on the date the application
3-6 was filed, and the former law is continued in effect for that
3-7 purpose.
3-8 (c) The change in law made by this Act to Section 45,
3-9 Private Investigators and Private Security Agencies Act (Article
3-10 4413(29bb), Vernon's Texas Civil Statutes), applies only to an
3-11 application to renew a license that is filed on or after the
3-12 effective date of this Act. An application to renew a license
3-13 filed before the effective date of this Act is governed by the law
3-14 in effect on the date the application was filed, and the former law
3-15 is continued in effect for that purpose.
3-16 SECTION 4. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.