87R16223 RDS-F
 
  By: Capriglione, Guillen, Patterson, Button H.B. No. 3120
 
  Substitute the following for H.B. No. 3120:
 
  By:  Hefner C.S.H.B. No. 3120
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of an injured employee for lifetime
  income benefits under the workers' compensation system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 408.161, Labor Code, is amended by
  amending Subsection (a) and adding Subsections (b-1) and (e) to
  read as follows:
         (a)  Lifetime income benefits are paid until the death of the
  employee for:
               (1)  total and permanent loss of sight in both eyes;
               (2)  loss of both feet at or above the ankle;
               (3)  loss of both hands at or above the wrist;
               (4)  loss of one foot at or above the ankle and the loss
  of one hand at or above the wrist;
               (5)  an injury to the spine that results in permanent
  and complete paralysis of both arms, both legs, or one arm and one
  leg;
               (6)  a physically traumatic injury to the brain
  resulting in a permanent major neurocognitive disorder or a
  psychotic disorder [incurable insanity or imbecility]; [or]
               (7)  third degree burns that cover at least 40 percent
  of the body and require grafting, or third degree burns covering the
  majority of:
                     (A)  [either] both hands;
                     (B)  both feet;
                     (C)  one hand and one foot; or
                     (D)  one hand or foot and the face; or
               (8)  a serious bodily injury sustained by the employee
  in the course and scope of the employee's employment or volunteer
  service as a first responder that permanently prevents the employee
  from performing any gainful work.
         (b-1)  In this section:
               (1)  "First responder" has the meaning assigned by
  Section 421.095, Government Code.
               (2)  "Serious bodily injury" has the meaning assigned
  by Section 1.07, Penal Code.
         (e)  Adjudication of lifetime income benefits for a first
  responder may proceed in the manner prescribed for an expedited
  proceeding under Section 504.055.
         SECTION 2.  The changes in law made by this Act apply to a
  claim for lifetime income benefits based on a compensable injury
  that occurs on or after the effective date of this Act. A claim
  based on a compensable injury that occurs before the effective date
  of this Act is governed by the law in effect on the date the
  compensable injury occurred, and the former law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2021.