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A BILL TO BE ENTITLED
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AN ACT
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relating to sovereign and governmental liability for workers' |
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compensation benefits and related relief. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.028, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 101.028. WORKERS' COMPENSATION [INSURANCE]. (a) With |
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respect to a cause of action that is cognizable as a claim against a |
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[A] governmental unit under Subtitle C, Title 5, Labor Code, the |
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governmental unit [that has workers' compensation insurance or that
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accepts the workers' compensation laws of this state] is entitled |
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to the privileges and immunities granted to the governmental unit |
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under Subtitle C, Title 5, Labor Code, including any provision of |
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[by] the workers' compensation laws of this state incorporated into |
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a portion of that subtitle applicable to the governmental unit [to
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private individuals and corporations]. |
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(b) Subject to the limitations on liability provided by |
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Sections 101.023 and 101.024, a governmental unit is liable for |
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workers' compensation benefits and any other relief, including |
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awards, damages, penalties, cost-shifting or fee-shifting awards, |
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and equitable relief, provided for by the provisions of Subtitle C, |
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Title 5, Labor Code, applicable to the governmental unit, including |
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any provision of the workers' compensation laws of this state |
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incorporated into a portion of that subtitle applicable to the |
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governmental unit. |
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(c) Notwithstanding Section 101.025, sovereign or |
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governmental immunity from suit for liability provided by this |
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section is waived only to the extent suit is authorized by Subtitle |
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C, Title 5, Labor Code, or a provision of the workers' compensation |
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laws of this state incorporated into that subtitle. |
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(d) Nothing in this chapter, including the exclusions from |
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and exceptions to this chapter provided by Subchapter C, limits the |
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applicability of this section or Subtitle C, Title 5, Labor Code, to |
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a governmental unit or an injury. |
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(e) Subchapter D does not apply to a claim to which this |
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section applies. |
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SECTION 2. Section 504.053(e), Labor Code, is amended to |
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read as follows: |
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(e) Nothing in this section [chapter] waives sovereign |
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immunity or creates a new cause of action. |
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SECTION 3. The change in law made by this Act applies only |
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to an injury that occurs on or after the effective date of this Act. |
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An injury that occurs before the effective date of this Act is |
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governed by the law applicable to the injury immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |