76R11573 PB-F                           
         By Brimer                                             H.B. No. 2842
         Substitute the following for H.B. No. 2842:
         By Brimer                                         C.S.H.B. No. 2842
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to continued payment of salary by an employer as
 1-3     replacement for certain workers' compensation income benefits.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  The heading to Section 408.003, Labor Code, is
 1-6     amended to read as follows:
 1-7           Sec. 408.003.  REIMBURSABLE EMPLOYER PAYMENTS; SALARY
 1-8     CONTINUATION; OFFSET AGAINST INCOME BENEFITS; LIMITS.
 1-9           SECTION 2.  Section 408.003, Labor Code, is amended by adding
1-10     Subsections (f) and (g) to read as follows:
1-11           (f)  Salary continuation payments made by an employer for an
1-12     employee's disability resulting from a compensable injury shall be
1-13     considered payment of income benefits for the purpose of
1-14     determining the accrual date of any subsequent income benefits
1-15     under this subtitle.
1-16           (g)  Payments made as salary continuation or salary
1-17     supplementation do not affect the exclusive remedy provisions of
1-18     Section 408.001.
1-19           SECTION 3.  Subchapter F, Chapter 408, Labor Code, is amended
1-20     by adding Section 408.105 to read as follows:
1-21           Sec. 408.105.  SALARY CONTINUATION IN LIEU OF TEMPORARY
1-22     INCOME BENEFITS.  (a)  In lieu of payment of temporary income
1-23     benefits under this subchapter, an employer may continue to pay the
1-24     salary of an employee who sustains a compensable injury under a
 2-1     contractual obligation between the employer and employee, such as a
 2-2     collective bargaining agreement, written agreement, or policy.
 2-3           (b)  Salary continuation may include wage supplementation if:
 2-4                 (1)  employer reimbursement is not sought from the
 2-5     carrier as provided by Section 408.127; and
 2-6                 (2)  the supplementation does not affect the employee's
 2-7     eligibility for any future income benefits.
 2-8           SECTION 4.  This Act takes effect September 1, 1999, and
 2-9     applies only to a claim for workers' compensation benefits based on
2-10     a compensable injury that occurs on or after that date.  A claim
2-11     based on a compensable injury that occurs before that date is
2-12     governed by the law in effect on the date that the compensable
2-13     injury occurred, and the former law is continued in effect for that
2-14     purpose.
2-15           SECTION 5.  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.