By Brimer H.B. No. 1895
77R6146 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prohibition of certain waivers by employers and
1-3 employees under the workers' compensation system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter K, Chapter 408, Labor Code, is amended
1-6 by adding Sections 408.204 and 408.205 to read as follows:
1-7 Sec. 408.204. WAIVER, RELEASE, OR COMMUTATION AGREEMENT
1-8 INVALID. (a) Except for a waiver under Section 406.034 or 408.003,
1-9 an agreement by an individual to waive, release, or commute the
1-10 individual's right to benefits or any other rights under this
1-11 subtitle is not valid.
1-12 (b) An agreement by an individual employed by an employer to
1-13 pay all or a portion of the costs of the employer's workers'
1-14 compensation insurance coverage under this subtitle is not valid.
1-15 Sec. 408.205. ACCEPTANCE OR REQUIREMENT OF WAIVER
1-16 PROHIBITED. An employer may not require or accept a waiver of a
1-17 right of an individual employed by the employer under this
1-18 subtitle.
1-19 SECTION 2. Sections 502.024 and 503.024, Labor Code, are
1-20 repealed.
1-21 SECTION 3. A waiver executed by an employee under Section
1-22 502.024 or 503.024, Labor Code, as those sections existed before
1-23 the effective date of this Act, is void and may not be enforced
1-24 against the employee who executed the waiver.
2-1 SECTION 4. This Act takes effect immediately if it receives
2-2 a vote of two-thirds of all the members elected to each house, as
2-3 provided by Section 39, Article III, Texas Constitution. If this
2-4 Act does not receive the vote necessary for immediate effect, this
2-5 Act takes effect September 1, 2001.