79R7855 JMM-F

By:  Van Arsdale                                                  H.B. No. 3257



A BILL TO BE ENTITLED

AN ACT

relating to the prohibition of certain discrimination against an 
employee regarding a workers' compensation claim.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 451.001, Labor Code, is amended to read 
as follows:      
	Sec. 451.001.  DISCRIMINATION AGAINST EMPLOYEES PROHIBITED.  
(a)  In this section, "employer" has the meaning assigned by Section 
401.011.
	(b)  An employer [A person] may not discharge or in any other 
manner discriminate against an employee because the employee has:
		(1)  filed a workers' compensation claim in good faith;                       
		(2)  hired a lawyer to represent the employee in a 
claim;                   
		(3)  instituted or caused to be instituted in good 
faith a proceeding under Subtitle A; or
		(4)  testified or is about to testify in a proceeding 
under Subtitle A.     
	SECTION 2.  Section 451.001, Labor Code, as amended by this 
Act, applies only to an action filed under Chapter 451, Labor Code, 
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.
	SECTION 3.  This Act takes effect September 1, 2005.