By Garcia                                             H.B. No. 1971
         77R7823 GWK-D                           
                                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)  An
 1-8     individual, corporation, or association commits an offense if the
 1-9     actor is an employer who requires an employee as a condition of
1-10     employment to perform an act, knowing that the act is likely to
1-11     cause death, serious bodily injury, or serious illness to the
1-12     employee.
1-13           (b)  An offense under this section is a state jail felony
1-14     unless the act performed by the employee causes the death of the
1-15     employee, in which event the offense is a felony of the third
1-16     degree.
1-17           (c)  If conduct constituting an offense under this section
1-18     constitutes an offense under Chapter 19, the actor may be
1-19     prosecuted under either this section or Chapter 19.
1-20           SECTION 2. (a)  The change in law made by this Act applies
1-21     only to an offense committed on or after the effective date of this
1-22     Act.  For purposes of this section, an offense is committed before
1-23     the effective date of this Act if any element of the offense occurs
1-24     before the effective date.
 2-1           (b)  An offense committed before the effective date of this
 2-2     Act is covered by the law in effect when the offense was committed,
 2-3     and the former law is continued in effect for that purpose.
 2-4           SECTION 3. This Act takes effect September 1, 2001.