By Brimer H.B. No. 3459
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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
1-6 read 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) of this subsection [the employer for the
1-21 death of or a 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
2-1 a compensable injury that occurs on or after that date. A claim
2-2 based on a compensable injury that occurs before that date is
2-3 governed by the law in effect on the date that the compensable
2-4 injury occurred, and the former law is continued in effect for that
2-5 purpose.