By: Hinojosa S.B. No. 858
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to liability of certain political subdivisions in certain
  workers' compensation actions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 504.053(e), Labor Code, is amended to
  read as follows:
         (e)  Nothing in this chapter waives sovereign immunity or
  creates a new cause of action, except that a political subdivision
  that self-insures either individually or collectively is liable
  for:
         (1)  sanctions, administrative penalties, and other remedies
  authorized under Chapter 415;
         (2)  attorney's fees as provided by Section 408.221(c); and
         (3)  attorney's fees as provided by Section 417.003.
         SECTION 2.  Section 415.021, Labor Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  In addition to any sanctions, administrative penalty,
  or other remedy authorized by this subtitle, the commissioner may
  assess an administrative penalty against a political subdivision
  that self-insures either individually or collectively that commits
  an administrative violation in connection with a workers'
  compensation claim filed by an individual elected, appointed, or
  employed as a peace officer by the political subdivision under
  Article 2.12, Code of Criminal Procedure, or other law, or an
  individual who is employed by the political subdivision and is
  subject to certification by the Texas Commission on Fire
  Protection. The amount of the administrative penalty shall not be
  less than two times the total amount of benefits payable in
  connection with the employee's claim.
         SECTION 3.  Section 504.053, Labor Code, as amended by this
  Act, and Section 415.021, Labor Code, as amended by this Act, apply
  only to an administrative violation under Chapter 415, Labor Code,
  that occurs on or after the effective date of this Act. An
  administrative violation that occurs before the effective date of
  this Act is governed by the law applicable to the violation
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.