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78R3463 JMM-D

By:  Eiland                                                       H.B. No. 2788



A BILL TO BE ENTITLED

AN ACT

relating to certain third-party claims against an employer by an 
injured employee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 417, Labor Code, is amended by adding 
Section 417.0015 to read as follows:
	Sec. 417.0015.  THIRD-PARTY CLAIM AGAINST EMPLOYER.  (a) 
Notwithstanding Section 408.001, an employee or legal beneficiary 
may seek damages from the employee's employer who is or becomes 
liable to pay damages for an injury or death that is compensable 
under this subtitle and may also pursue a claim for workers' 
compensation under this subtitle.
	(b)  In a claim under this section, the issue of the 
employer's negligence may be submitted to the jury.  The jury may 
assign a percentage of negligence to the employer.
	(c)  If the jury finds that the employee's injury or death 
was the result of an intentional act by the employer or the result 
of the employer's gross negligence, the employer shall be liable to 
the employee.  Notwithstanding Section 406.031,  if the employer 
has workers' compensation insurance coverage, the insurance 
carrier is not liable for compensation for the employee's injury or 
death.
	(d)  In submitting the issue of the employer's negligence to 
the jury under Subsection (b), the parties to the proceeding shall 
inform the jury of the existence of any subrogation claim or  
collateral benefits available to any party, including workers' 
compensation and health insurance benefits for which the employee 
may be required to pay reimbursement.
	SECTION 2.  (a) This Act takes effect September 1, 2003.                       
	(b)  The change in law made by this Act applies only to an 
action filed on or after the effective date of this Act.  An action 
filed before the effective date of this Act is governed by the law 
in effect on the date the action was filed, and the former law  is 
continued in effect for that purpose.