| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain actions against an employer by an employee who |
|
|
is not covered by workers' compensation insurance. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsections (a) and (d), Section 406.033, Labor |
|
|
Code, are amended to read as follows: |
|
|
(a) In an action against an employer by or on behalf of an |
|
|
employee who is not covered by [who does not have] workers' |
|
|
compensation insurance obtained in the manner authorized by Section |
|
|
406.003 [coverage] to recover damages for personal injuries or |
|
|
death sustained by an employee in the course and scope of the |
|
|
employment, it is not a defense that: |
|
|
(1) the employee was guilty of contributory |
|
|
negligence; |
|
|
(2) the employee assumed the risk of injury or death; |
|
|
or |
|
|
(3) the injury or death was caused by the negligence of |
|
|
a fellow employee. |
|
|
(d) In an action described by Subsection (a) against an |
|
|
employer by or on behalf of an employee who is not covered by [who
|
|
|
does not have] workers' compensation insurance obtained in the |
|
|
manner authorized by Section 406.003 [coverage], the plaintiff must |
|
|
prove negligence of the employer or of an agent or servant of the |
|
|
employer acting within the general scope of the agent's or servant's |
|
|
employment. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a cause of action that accrues on or after the effective date of |
|
|
this Act. A cause of action that accrued before the effective date |
|
|
of this Act is governed by the law in effect on the date the cause of |
|
|
action accrued, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |