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.