By: Price (Senate Sponsor - Deuell) H.B. No. 1762

(In the Senate - Received from the House May 1, 2013; May 2, 2013, read first time and referred to Committee on State Affairs; May 7, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; May 7, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 1762 By: Deuell

A BILL TO BE ENTITLED

AN ACT

relating to workers' compensation and other remedies available to an injured temporary employee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 93, Labor Code, is amended by adding Section 93.004 to read as follows:

Sec. 93.004. WORKERS' COMPENSATION INSURANCE COVERAGE. (a) A certificate of insurance coverage showing that a temporary employment service maintains a policy of workers' compensation insurance constitutes proof of workers' compensation insurance coverage for the temporary employment service and the client of the temporary employment service with respect to all employees of the temporary employment service assigned to the client. The state or a political subdivision of the state shall accept a certificate of insurance coverage described by this section as proof of workers' compensation coverage under Chapter 406.

(b) For workers' compensation insurance purposes, if a temporary employment service elects to obtain workers' compensation insurance, the client of the temporary employment service and the temporary employment service are subject to Sections 406.034 and 408.001.

(c) Except as provided by Subsection (d), an employee's election under Section 406.034(b) made with respect to the temporary employment service applies to any client of the temporary employment service, and the employee may not make a separate election under that section with respect to the client.

(d) If an employee elects to retain a common-law right of action under Section 406.034(b) with respect to the temporary employment service, that election does not apply to a client of that temporary employment service if the client is not subject to Section 406.034.

SECTION 2. The change in law made by this Act applies only to a claim based on a work-related injury that occurs on or after the effective date of this Act. A claim based on a work-related injury that occurs before the effective date of this Act is governed by the law in effect on the date the injury occurred, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2013.

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