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AN ACT
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relating to workers' compensation and other remedies available to |
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an injured temporary employee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 93, Labor Code, is amended by adding |
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Section 93.004 to read as follows: |
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Sec. 93.004. WORKERS' COMPENSATION INSURANCE COVERAGE. (a) |
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A certificate of insurance coverage showing that a temporary |
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employment service maintains a policy of workers' compensation |
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insurance constitutes proof of workers' compensation insurance |
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coverage for the temporary employment service and the client of the |
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temporary employment service with respect to all employees of the |
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temporary employment service assigned to the client. The state or a |
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political subdivision of the state shall accept a certificate of |
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insurance coverage described by this section as proof of workers' |
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compensation coverage under Chapter 406. |
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(b) For workers' compensation insurance purposes, if a |
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temporary employment service elects to obtain workers' |
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compensation insurance, the client of the temporary employment |
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service and the temporary employment service are subject to |
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Sections 406.034 and 408.001. |
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(c) Except as provided by Subsection (d), an employee's |
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election under Section 406.034(b) made with respect to the |
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temporary employment service applies to any client of the temporary |
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employment service, and the employee may not make a separate |
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election under that section with respect to the client. |
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(d) If an employee elects to retain a common-law right of |
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action under Section 406.034(b) with respect to the temporary |
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employment service, that election does not apply to a client of that |
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temporary employment service if the client is not subject to |
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Section 406.034. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim based on a work-related injury that occurs on or after |
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the effective date of this Act. A claim based on a work-related |
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injury that occurs before the effective date of this Act is governed |
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by the law in effect on the date the injury occurred, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1762 was passed by the House on April |
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30, 2013, by the following vote: Yeas 140, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1762 on May 16, 2013, by the following vote: Yeas 141, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1762 was passed by the Senate, with |
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amendments, on May 15, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |