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.