SRC-TBR C.S.S.B. 624 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 624
77R6146 JMM-DBy: Duncan
Business & Commerce
3/21/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, under the workers compensation statutes there is no mention of
the use of waivers for employees of employers who do not subscribe to the
workers compensation system.  C.S.S.B. 624 provides that any agreement by
an employee to waive a cause of action against an employer prior to the
employee's injury or death is void and unenforceable. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 406.033, Labor Code, by adding subsection (e),
to prohibit a cause of action described in subsection (a) from being waived
by an employee prior to the employee's injury or death.  Provides that any
agreement by an employee to waive a cause of action or any right described
in subsection (a) prior to the employee's injury or death is void and
unenforceable. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Amends As Filed S.B. 624, by amending a different chapter of
the Labor Code.  The As Filed version proposed to amend Chapter 408K, while
the substitute amends Section  406.033 of the Labor Code.  The As Filed
version proposed a new Section 408.204, providing that a waiver, release,
or commutation agreement is not valid, and a new Section 408.205,
prohibiting the acceptance or requirement of a waiver. 

SECTION 2.  Amends the As Filed version by deleting the proposed repeal of
Sections 502.024 and 503.024 of the Labor Code and replacing it with a
prospective clause. 

SECTION 3.  Amends the As Filed version  by deleting proposed Section 3 and
relettering SECTION 4 as SECTION 3, providing the effective date of this
Act.