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.