HBA-ATS H.B. 2897 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2897 By: Brimer Civil Practices 4/13/1999 Introduced BACKGROUND AND PURPOSE Sometimes, businesses in Texas find themselves the defendants of suits brought by their employees for violations in the workplace of which the employers were unaware. If these businesses were given notice of the alleged violation, they might have an opportunity to remedy the situation, which could negate the necessity of a lawsuit. H.B. 2897 requires any business to operate and maintain a safe and reasonable work environment. An employee must give written notice to the employer, at least 30 days prior to filing suit against an employer for violating the requirement that the employer operate and maintain a safe and reasonable work environment, stating the claimed violation and providing the employer an opportunity to cure. If the written notice was not received by an employer the suit is required to be abated until the notice has been received and the 30-day period has expired. This bill also requires that any business operating or located in this state be afforded fair and equitable access to court and be protected from meritless lawsuits. A court is required to review each pending dispute in which a party is a business to determine whether the dispute is appropriate for alternative dispute resolution. 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 Business & Commerce Code, by adding Chapter 19, as follows: CHAPTER 19. BUSINESS LITIGATION Sec. 19.01. DEFINITION. Defines "business." Sec. 19.02. RIGHTS OF BUSINESSES OPERATING IN TEXAS. Requires that any business operating or located in this state (business) be afforded fair and equitable access to court and be protected from meritless lawsuits. Requires a court to review each pending dispute in which a party is a business to determine whether the dispute is appropriate for alternative dispute resolution. Requires any business to operate and maintain a safe and reasonable work environment. Requires an employee to give written notice to the employer, at least 30 days prior to filing suit against an employer for violating this provision, stating the claimed violation and providing the employer an opportunity to cure. Requires the abatement of the suit if the written notice had not been received by an employer until the notice has been received and the 30-day period has expired. Authorizes the written notice to be provided by personal delivery or by mailing it to the employer at an address where the employer ordinarily receives mail. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.