77R9670 KSD-F                           
         By Ritter                                             H.B. No. 3120
         Substitute the following for H.B. No. 3120:
         By Brimer                                         C.S.H.B. No. 3120
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to status as an employer under a workers' compensation
 1-3     insurance policy or certificate of authority to self-insure.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 408.001(a), Labor Code, is amended to read
 1-6     as follows:
 1-7           (a)  Recovery of workers' compensation benefits is the
 1-8     exclusive remedy of an employee covered by workers' compensation
 1-9     insurance coverage or a legal beneficiary for the death of, or a
1-10     work-related injury sustained by, the employee against:
1-11                 (1)  the employer;
1-12                 (2)  a parent corporation of the employer, a subsidiary
1-13     corporation of the employer, or any other subsidiary of the parent
1-14     corporation of the employer, that:
1-15                       (A)  is a named insured on the employer's policy
1-16     of workers' compensation insurance; or
1-17                       (B)  is covered by a certificate of authority to
1-18     self-insure issued by the commission under Chapter 407; or
1-19                 (3)  an agent or employee of a person described by
1-20     Subdivision (1) or (2) [the employer for the death of or a
1-21     work-related injury sustained by the employee].
1-22           SECTION 2. This Act takes effect September 1, 2001, and
1-23     applies only to a claim for workers' compensation benefits based on
1-24     a compensable injury that occurs on or after that date. A claim for
 2-1     workers' compensation benefits based on a compensable injury that
 2-2     occurs before the effective date of this Act is governed by the law
 2-3     in effect on the date that the compensable injury occurred, and the
 2-4     former law is continued in effect for that purpose.