HBA-JEK H.B. 2642 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2642
By: Tillery
Business & Industry
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

In Texas Mexican Railway Co. v. Bouchet, the Texas Supreme Court ruled that
an employee of an employer who does not subscribe to the Texas Workers'
Compensation Act does not have the right to sue the employer for
discharging or discriminating against the employee because the employee is
involved in an action against the employer regarding an employment-related
injury.  House Bill 2642 prohibits an employer from discharging or
discriminating against such an employee. 

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. 

ANALYSIS

House Bill 2642 amends the Labor Code to prohibit an employer who does not
provide workers' compensation insurance coverage from discharging or in any
other manner discriminating against an employee who has sustained an injury
that would be a compensable injury if the employer had workers'
compensation insurance because the employee has: 

 _instituted or caused to be instituted an action against the employer
based on the injury (action);  

 _hired a lawyer to represent the employee in an action; or

 _testified or is about to testify in an action. 

EFFECTIVE DATE

September 1, 2001.