78R7756 T

By:  Oliveira                                                     H.B. No. 2098



A BILL TO BE ENTITLED

AN ACT

relating to political subdivision workers compensation purposes.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 504.002, Labor Code, is amended to read 
as follows:      
	Sec. 504.002.  APPLICATION OF GENERAL WORKERS' COMPENSATION  
LAWS; LIMIT ON ACTIONS AND DAMAGES.  (a)  The following provisions 
of Subtitles A and B apply to and are included in this chapter 
except to the extent that they are inconsistent with this chapter:
		(1)  Chapter 491 other than Section 401.011(18) 
defining "employer" and Section 401.012 defining "employee";
		(2)  Chapter 402;                                                             
		(3)  Chapter 403 other than Sections 403.001-403.005;                         
		(4)  Sections 406.006-406.009 and Subchapters B and 
D-G, Chapter 406, other than Sections 406.033, 406.034, 406.035, 
406.091, and 406.096;
		(5)  Chapter 408, other than Sections 408.001(b) and 
(c);                   
		(6)  Chapter 409, except as provided under subsection 
(c);           
		(7)  Chapters 410-417 [409-417]; and           
		(8) [(7)]  Chapter 451.                               
	(b)  For the purpose of applying the provisions listed by 
Subsections (a) to this chapter, "employer" means "political  
subdivision".  For the purpose of applying the provisions listed by 
Subsection (a) of this section "written notice" to a political 
subdivision who self-insures, either individually or collectively 
through an interlocal agreement as provided by section 504.011 of 
this title, shall occur only when written notice is given to the 
intergovernmental risk pool or other entity responsible for 
administering the claim.
	(c)  A political subdivision that self-insures, either 
individually or collectively through an interlocal agreement which 
fails to begin the timely payment of benefits or file a notice of 
refusal before benefits should have started does not waive the 
political subdivisions right to contest the compensibility of the 
injury but shall pay to the injured employee double the amount due 
for the days delinquent as penalty.
	(d)  Neither this chapter nor Subtitle A authorizes a cause  
of action or damages against a political subdivision or an employee 
of a political subdivision beyond the actions and damages 
authorized by Chapter 101, Civil Practice and Remedies Code.