77R12534 GWK-D                           
         By Garcia                                             H.B. No. 1971
         Substitute the following for H.B. No. 1971:
         By Garcia                                         C.S.H.B. No. 1971
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of the offense of permitting an unsafe
 1-3     workplace.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 22, Penal Code, is amended by adding
 1-6     Section 22.051 to read as follows:
 1-7           Sec. 22.051.  PERMITTING UNSAFE WORKPLACE. (a)  In this
 1-8     section, "health care employer" includes hospitals, home health
 1-9     care agencies, long-term care facilities, emergency medical
1-10     response providers, and physician group practices.
1-11           (b)  An individual, corporation, or association commits an
1-12     offense if the actor is an employer who requires an employee, as a
1-13     condition of employment, to perform an act, knowing that the act is
1-14     likely to cause death, serious bodily injury, or serious illness to
1-15     the employee.
1-16           (c)  It is an exception to the application of this section
1-17     that:
1-18                 (1)  the employer is a health care employer; and
1-19                 (2)  the act required to be performed by the employee
1-20     is related to the provision of patient or client care.
1-21           (d)  An offense under this section is a state jail felony
1-22     unless the act performed by the employee causes the death of the
1-23     employee, in which event the offense is a felony of the third
1-24     degree.
 2-1           (e)  If conduct constituting an offense under this section
 2-2     constitutes an offense under Chapter 19, the actor may be
 2-3     prosecuted under either this section or Chapter 19.
 2-4           SECTION 2. (a)  The change in law made by this Act applies
 2-5     only to an offense committed on or after the effective date of this
 2-6     Act.  For purposes of this section, an offense is committed before
 2-7     the effective date of this Act if any element of the offense occurs
 2-8     before the effective date.
 2-9           (b)  An offense committed before the effective date of this
2-10     Act is covered by the law in effect when the offense was committed,
2-11     and the former law is continued in effect for that purpose.
2-12           SECTION 3. This Act takes effect September 1, 2001.