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A BILL TO BE ENTITLED
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AN ACT
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relating to waiver of immunity in certain employment discrimination |
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actions in connection with a workers' compensation claim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 451, Labor Code, is amended by adding |
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Section 451.0025 to read as follows: |
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Sec. 451.0025. WAIVER OF IMMUNITY; PERMISSION FOR FIRST |
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RESPONDER TO SUE. (a) In this section, "first responder" has the |
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meaning assigned by Section 421.095, Government Code. |
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(b) A first responder who alleges a violation of Section |
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451.001 by a state or local governmental entity that employs the |
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first responder may sue the governmental entity for the relief |
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provided by this chapter. Sovereign or governmental immunity from |
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suit is waived and abolished to the extent of liability created by |
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this chapter. |
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(c) To the extent a person has official or individual |
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immunity from a claim for damages, this section does not affect that |
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immunity. |
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SECTION 2. Section 504.002, Labor Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The following provisions of Subtitles A and B apply to |
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and are included in this chapter except to the extent that they are |
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inconsistent with this chapter: |
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(1) Chapter 401, other than Section 401.011(18) |
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defining "employer" and Section 401.012 defining "employee"; |
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(2) Chapter 402; |
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(3) Chapter 403, other than Sections 403.001-403.005; |
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(4) Chapters 404 and 405; |
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(5) Sections 406.006-406.009 and Subchapters B and |
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D-G, Chapter 406, other than Sections 406.033, 406.034, 406.035, |
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406.091, and 406.096; |
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(6) Chapter 408, other than Sections 408.001(b) and |
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(c); |
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(7) Chapters 409-412; |
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(8) Chapter 413, except as provided by Section |
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504.053; |
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(9) Chapters 414-417; and |
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(10) Chapter 451, subject to the limitations of |
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Subsection (a-1). |
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(a-1) The liability of a political subdivision under |
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Chapter 451 is limited to money damages in a maximum amount of |
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$100,000 for each person aggrieved by and $300,000 for each single |
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occurrence of a violation of that chapter. For purposes of this |
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subsection, a single occurrence is considered to be a single |
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employment policy or employment action that results in |
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discrimination against or discharge of one or more employees |
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concurrently. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect on the date the cause of |
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action accrued, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |
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* * * * * |