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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting discrimination against certain employees |
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who sustain an injury in the course and scope of employment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 451.001, Labor Code, is amended to read |
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as follows: |
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Sec. 451.001. DISCRIMINATION AGAINST EMPLOYEES PROHIBITED. |
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(a) A person may not discharge or in any other manner |
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discriminate against an employee whose employer has workers' |
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compensation insurance coverage because the employee has: |
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(1) filed a workers' compensation claim in good faith; |
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(2) hired a lawyer to represent the employee in a |
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workers' compensation claim; |
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(3) instituted or caused to be instituted in good |
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faith a proceeding under Subtitle A; or |
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(4) testified or is about to testify in a proceeding |
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described by Subdivision (3) [under Subtitle A]. |
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(b) A person may not discharge or in any other manner |
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discriminate against an employee whose employer does not have |
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workers' compensation insurance coverage because the employee has: |
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(1) instituted or caused to be instituted in good |
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faith a proceeding under common law relating to an injury sustained |
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by the employee in the course and scope of the employee's |
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employment, including an action described by Section 406.033; or |
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(2) testified or is about to testify in a proceeding |
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described by Subdivision (1). |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before that date is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |