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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of certain political subdivisions in certain |
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workers' compensation actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 504.053(e), Labor Code, is amended to |
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read as follows: |
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(e) Nothing in this chapter waives sovereign immunity or |
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creates a new cause of action, except that a political subdivision |
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that self-insures either individually or collectively is liable |
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for: |
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(1) sanctions, administrative penalties, and other remedies |
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authorized under Chapter 415; |
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(2) attorney's fees as provided by Section 408.221(c); and |
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(3) attorney's fees as provided by Section 417.003. |
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SECTION 2. Section 415.021, Labor Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) In addition to any sanctions, administrative penalty, |
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or other remedy authorized by this subtitle, the commissioner may |
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assess an administrative penalty against a political subdivision |
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that self-insures either individually or collectively that commits |
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an administrative violation in connection with a workers' |
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compensation claim filed by an individual elected, appointed, or |
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employed as a peace officer by the political subdivision under |
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Article 2.12, Code of Criminal Procedure, or other law, or an |
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individual who is employed by the political subdivision and is |
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subject to certification by the Texas Commission on Fire |
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Protection. The amount of the administrative penalty shall not be |
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less than two times the total amount of benefits payable in |
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connection with the employee's claim. |
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SECTION 3. Section 504.053, Labor Code, as amended by this |
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Act, and Section 415.021, Labor Code, as amended by this Act, apply |
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only to an administrative violation under Chapter 415, Labor Code, |
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that occurs on or after the effective date of this Act. An |
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administrative violation that occurs before the effective date of |
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this Act is governed by the law applicable to the violation |
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immediately before the effective date of this Act, and that law is |
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continued in effect for 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, 2019. |