|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to workers' compensation insurance coverage for certain |
|
workplaces; providing administrative penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 406, Labor Code, is amended by adding |
|
Subchapter I to read as follows: |
|
SUBCHAPTER I. COVERAGE FOR CERTAIN WORKPLACES |
|
Sec. 406.181. DEFINITIONS. In this subchapter: |
|
(1) "General contractor" has the meaning assigned by |
|
Section 406.121. |
|
(2) "Hiring contractor" means a subcontractor or |
|
independent contractor who, in the course of regular business, |
|
subcontracts to other persons all or part of the work to be |
|
performed at a workplace. |
|
(3) "Independent contractor" has the meaning assigned |
|
by Section 406.121. |
|
(4) "Legal beneficiary" means a person entitled to |
|
receive a death benefit under this subtitle or to recover damages |
|
under other law for a person's death or injury related to employment |
|
at a covered workplace. |
|
(5) "Legal representative" means a person, including |
|
an attorney or agent, authorized to act on behalf of a person. |
|
(6) "Workplace" means a place of employment, job site, |
|
or project location where an employee performs work or a service, at |
|
one geographical location containing one or more work areas, with |
|
or without buildings. The term does not include a farm or ranch. |
|
(7) "Workplace subscriber" means a person, other than |
|
a governmental entity, who elects to provide workers' compensation |
|
insurance coverage for persons, employees, general contractors, |
|
subcontractors, and independent contractors who perform work or a |
|
service at a workplace. The term includes a hiring contractor, a |
|
general contractor, an independent contractor, a subcontractor, a |
|
possessor of a part of the workplace, however that interest is |
|
characterized, and a premises owner. |
|
Sec. 406.182. ELECTION TO PROVIDE WORKPLACE COVERAGE; |
|
ADMINISTRATIVE VIOLATION. (a) Notwithstanding any other provision |
|
of this chapter or other law, a workplace subscriber may elect to |
|
enter into a written agreement to provide workers' compensation |
|
insurance coverage to every person performing work or services at a |
|
specified workplace. A workplace subscriber that elects to enter |
|
into a written agreement described by this subsection shall be |
|
treated as an employer for purposes of this subtitle. |
|
(b) The workplace subscriber shall file a copy of a written |
|
agreement entered into under this section with the subscriber's |
|
workers' compensation insurance carrier not later than the 10th day |
|
after the date on which the contract is executed. If the workplace |
|
subscriber is a certified self-insurer, the copy must be filed with |
|
the division. |
|
(c) Failure to file a copy of a written agreement under this |
|
section is an administrative violation and does not adversely |
|
affect the exclusive remedy provision under Sections 406.183(a) and |
|
(b). |
|
Sec. 406.183. REMEDIES; EXEMPLARY DAMAGES. (a) Recovery |
|
of workers' compensation benefits is the exclusive remedy of a |
|
person covered by workers' compensation insurance coverage, that |
|
person's legal beneficiary, or that person's legal representative, |
|
for a work-related injury or death sustained by the employee at a |
|
covered workplace against: |
|
(1) a workplace subscriber; |
|
(2) an owner or possessor of a part of a covered |
|
workplace, however that interest is characterized; |
|
(3) a person who performs work at the covered |
|
workplace, including a general contractor, a hiring contractor, an |
|
independent contractor, and a subcontractor; and |
|
(4) a legal representative or employee of a workplace |
|
subscriber. |
|
(b) This section does not prohibit the recovery of exemplary |
|
damages by the surviving spouse or heirs of the body of a deceased |
|
employee whose death was caused by an intentional act or omission of |
|
the employer or by the employer's gross negligence. In this |
|
subsection, "gross negligence" has the meaning assigned by Section |
|
41.001, Civil Practice and Remedies Code. |
|
(c) A determination under Section 406.032, 409.002, or |
|
409.004 that a work-related injury is noncompensable does not |
|
adversely affect the exclusive remedy provisions under Subsection |
|
(a). |
|
SECTION 2. Sections 408.001(a) and (b), Labor Code, are |
|
amended to read as follows: |
|
(a) Recovery of workers' compensation benefits is the |
|
exclusive remedy of an employee covered by workers' compensation |
|
insurance coverage or a legal beneficiary against: |
|
(1) the employer or an agent or employee of the |
|
employer for the death of or a work-related injury sustained by the |
|
employee; or |
|
(2) a workplace subscriber under Subchapter I, Chapter |
|
406. |
|
(b) This section does not prohibit the recovery of exemplary |
|
damages by the surviving spouse or heirs of the body of a deceased |
|
employee whose death was caused by an intentional act or omission of |
|
the employer or workplace subscriber under Subchapter I, Chapter |
|
406, or by the employer's or workplace subscriber's gross |
|
negligence. |
|
SECTION 3. Section 417.001(a), Labor Code, is amended to |
|
read as follows: |
|
(a) An employee or legal beneficiary may seek damages from a |
|
third party, other than a workplace subscriber under Subchapter I, |
|
Chapter 406, 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 benefits under this subtitle. |
|
SECTION 4. The changes in law made by this Act apply only to |
|
an agreement to provide workers' compensation insurance coverage |
|
entered into on or after the effective date of this Act. An |
|
agreement entered into before the effective date of this Act is |
|
governed by the law in effect at the time the agreement was entered |
|
into, and the former law is continued in effect for that purpose. |
|
SECTION 5. This Act takes effect September 1, 2011. |