HBA-LCA, ATS H.B. 2451 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2451
By: Dunnam
Civil Practices
4/26/1999
Introduced



BACKGROUND AND PURPOSE 

Section 406.033, Labor Code (Common-Law Defenses; Burden of Proof),
establishes that contributory negligence of a worker may not be raised by
an employer who does not subscribe to workers' compensation insurance.
This provision provides an incentive for an employer to subscribe by
providing assistance to a worker in recovering damages when an employer
does not provide coverage. 

However, an appellate court and the Texas Supreme Court have found that the
comparative responsibility statute, which provides a similar  practical
effect as contributory negligence, may bar or reduce a worker's recovery of
damages, while another appellate court has ruled the opposite. 

H.B. 2451 clarifies this discrepancy by prohibiting a court from
considering any comparative responsibility of the employee to bar or reduce
an employee's recovery. 

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 406.033, Labor Code, by adding Subsection (e) to
prohibit the court from considering any comparative responsibility of the
employee to reduce or bar the employee's recovery in an action described by
Subsection (a) against an employer who does not have workers' compensation
insurance coverage.  Provides that Sections  33.001 (Proportionate
Responsibility), 33.003 (Determination of Percentage of Responsibility),
33.012 (Amount of Recovery), and 33.013 (Amount of Liability), Civil
Practice and Remedies Code, do not apply to an action described by
Subsection (a). 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.