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.