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.