By Brimer H.B. No. 2842 76R8325 T A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to workers' compensation, continued payment of salary by 1-3 the employer as replacement for certain income benefits. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Amend Section 401.011, Labor Code, by adding the 1-6 following new subsection (39) and renumbering the subsequent 1-7 subsections: 1-8 Sec. 401.011. GENERAL DEFINITIONS. 1-9 (39) Salary continuation means: An employer may 1-10 continue to pay the employee's salary as a replacement for 1-11 Temporary Income Benefits under the Labor Code; if an employer is 1-12 required to make salary continuation payments pursuant to a 1-13 contractual obligation, such as a collective bargaining agreement, 1-14 written agreement or policy, between the employer and employee, the 1-15 employer may elect to treat salary continuation payments as made 1-16 pursuant to such contractual obligation rather than pursuant to the 1-17 Act. Salary continuation may include wage supplementation, where 1-18 no employer reimbursement is sought from the carrier as provided by 1-19 Section 408.127. 1-20 SECTION 2. Amend Section 408.003, Labor Code, by adding new 1-21 subsections (f) and (g) as follows: 1-22 Sec. 408.003. REIMBURSABLE EMPLOYER PAYMENTS; SALARY 1-23 CONTINUATION; OFFSET AGAINST INCOME BENEFITS; LIMITS. 1-24 (f) Salary continuation payments made by the employer for 2-1 disability resulting from a compensable injury shall be considered 2-2 payment of income benefits for purposes of determining the accrual 2-3 date of any subsequent income benefits under the Act. 2-4 (g) Payments made as salary continuation or supplementation 2-5 do not affect the exclusive remedy provisions of Section 408.001 of 2-6 the Act. 2-7 SECTION 3. This Act takes effect September 1999, however the 2-8 provisions of this Act do not change the rights of parties in 2-9 effect prior to the effective date of this Act. 2-10 SECTION 4. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three consecutive 2-14 days in each house be suspended, and this rule is hereby suspended.