77R14313 JMM-F                          
         By Duncan, et al.                                      S.B. No. 624
         Substitute the following for S.B. No. 624:
         By Brimer                                          C.S.S.B. No. 624
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prohibition of certain waivers by employers and
 1-3     employees under the workers' compensation system.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 406.033, Labor Code, is amended by adding
 1-6     Subsections (e)-(j) to read as follows:
 1-7           (e)  Except as provided by Subsection (f), a cause of action
 1-8     described by Subsection (a)  may not be waived by an employee
 1-9     before the employee's injury or death.  An agreement to waive a
1-10     cause of action or a right described by Subsection (a)  before the
1-11     employee's injury or death is void and unenforceable.
1-12           (f)  An employee may waive a cause of action or a right
1-13     described by Subsection (a)  before the employee's injury or death
1-14     if, before the execution of the waiver, the employer offered to the
1-15     employee the opportunity to choose from at least two coverage plans
1-16     at least one of which has coverage that meets or exceeds the
1-17     coverage and benefits provided by this subtitle.  A waiver under
1-18     this subsection is void and unenforceable if the waiver is a
1-19     condition of the employee's employment.
1-20           (g)  An employer may not discharge or in any other manner
1-21     discriminate against an employee who executes a waiver under
1-22     Subsection (f) because the employee has:
1-23                 (1)  filed a claim for benefits arising from a
1-24     workplace injury; or
 2-1                 (2)  hired an attorney to represent the employee in a
 2-2     claim.
 2-3           (h)  An employee who is discharged or discriminated against
 2-4     in violation of Subsection (g) is entitled to the remedies provided
 2-5     by Sections 451.002 and 451.003.  The burden of proof in a
 2-6     proceeding under this subsection is on the employee.
 2-7           (i)  Except as provided by Subsection (j), a cause of action
 2-8     described by Subsection (a)  may not be waived by, or on behalf of,
 2-9     an employee after the date of the employee's injury or death.  An
2-10     agreement to waive a cause of action or a right described by
2-11     Subsection (a)  after the employee's injury or death is void and
2-12     unenforceable.
2-13           (j)  An employee, or a person acting on behalf of an
2-14     employee, may release or otherwise discharge a cause of action or a
2-15     right described by Subsection (a)  after the date of the employee's
2-16     injury or death only through:
2-17                 (1)  settlement of a disputed claim after the date suit
2-18     is filed on the claim; or
2-19                 (2)  settlement of a disputed claim before the date
2-20     suit is filed on the claim if:
2-21                       (A)  the employee is represented by an attorney;
2-22                       (B)  in the case of an injured employee, the
2-23     settlement does not take place before the 180th day after the date
2-24     of the employee's injury; or
2-25                       (C)  in the case of a deceased employee, the
2-26     legal representative of the employee's estate agrees to the
2-27     settlement in writing or as otherwise provided by Chapter 71, Civil
 3-1     Practice and Remedies Code.
 3-2           SECTION 2.  This Act applies only to an injury that occurs on
 3-3     or after the effective date of this Act.
 3-4           SECTION 3.  This Act takes effect immediately if it receives
 3-5     a vote of two-thirds of all the members elected to each house, as
 3-6     provided by Section 39, Article III, Texas Constitution.  If this
 3-7     Act does not receive the vote necessary for immediate effect, this
 3-8     Act takes effect September 1, 2001.