HBA-JLV, SEP C.S.H.B. 1971 77(R).BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1971
By: Garcia
Criminal Jurisprudence
4/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law does not specifically provide that an employer who requires an
employee, as a condition of employment, to perform an act knowing that the
act is likely to cause death, serious bodily injury, or serious illness
commits an offense.  C.S.H.B. 1971 provides that it is a state jail felony
for an individual, corporation, or association that is an employer to
require an employee, as a condition of employment, to perform an act
knowing that the act is likely to cause death, serious bodily injury, or
serious illness to the employee unless the act causes the employee's death,
in which case it is a felony of the third degree.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 1971 amends the Penal Code to provide that it is a state jail
felony for an individual, corporation, or association that is an employer
to require an employee, as a condition of employment, to perform an act
knowing that the act is likely to cause death, serious bodily injury, or
serious illness to the employee unless the act causes the employee's death,
in which case it is a felony of the third degree. The bill provides that it
is an exception to these provisions that the employer is a health care
employer and the act required to be performed by the employee is related to
patient or client care. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1971 modifies the original to provide that  it is an exception to
these provisions that the employer is a health care employer and the act
required to be performed by the employee is related to patient or client
care.