HBA-EVB, KSM H.B. 170 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 170 By: Garcia Business & Industry 4/13/1999 Introduced BACKGROUND AND PURPOSE Section 451.001 (Discrimination Against Employees Prohibited), Labor Code, prohibits a person from firing or discriminating against an employee because the employee has filed a workers' compensation claim in good faith, hired a lawyer to represent the employee in a claim, instituted or caused to be instituted in good faith a proceeding under Subtitle A (Texas Workers' Compensation Act), or testified or is about to testify in a proceeding under Subtitle A. In Texas Mexican Railway Company v. Bouchet, 963 S.W.2d S2 (Tax. 1998), the Texas Supreme Court determined that this prohibition does not apply to an employer that is a nonsubscriber to workers' compensation. H.B. 170 prohibits an employer who does not provide workers' compensation insurance coverage from discharging or discriminating against an employee who sustains an injury that would be compensable under the Texas Workers' Compensation Act because the employee took certain actions. H.B. 170 provides that an employee may not be discriminated against or discharged for choosing their own doctor. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 451.001, Labor Code, to read as follows: Sec. 451.001. DISCRIMINATION AGAINST EMPLOYEES PROHIBITED. (a) Created from existing text. Provides that an employee may not be discriminated against or discharged in choosing their own doctor. Makes conforming changes. (b) Prohibits an employer who does not provide workers' compensation insurance coverage from discharging or discriminating against an employee who sustains an injury that would be compensable under the Texas Workers' Compensation Act (Subtitle A, Title 5, Labor Code) because the employee took the following actions: _instituted or caused to be instituted an action against the employer based on the employment-related injury; _hired a lawyer to represent the employee in an action described by Subdivision (1); _chose their own doctor; or _testified or is about to testify in an action described by Subdivision (1). SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.