2023 Texas Legislative action | Impact to Texas Workers
Proposed bills in the 2023 88th Texas Legislative session and the potential impact to Texas workers.
The following bills filed in the Texas House of Representatives are up for consideration in the 2023 legleslatative session. If passed into law, what impact could this have on employees in Texas?
House Bill 27 - Protection of employers from liability and certain other penalties in connection with the provision of employee benefits.
"...a civil action may not be brought and a disciplinary action may not be taken against an employer based solely on the employer ’s choice to offer or provide a particular employee benefit".
The relevant text of the bills reads as follows. While vague, Representative Goodwin (District 47) gave the following explnation on Twitter.
House Bill 2314-2317
All filed by Representative Canales (District 40)
House Bill 2314 - filing death benefits under the workers compensation claims system.
Proposed selected text:
"...Except as otherwise provided by this subsection, to be eligible to receive death benefits under Subsection (d-1), an eligible parent must file with the division or insurance carrier a claim for those benefits not later than the first anniversary of the date of the injured employee's death from the compensable injury. The claim must designate all eligible parents and necessary information for payment to the eligible parents. The insurance carrier is not liable for payment to any eligible parent not designated on the claim. Failure to file a claim in the time required bars the claim unless good cause exists for the failure to file a claim under this section."
In addition this bill would amend how insurance carriers records and report deaths to the division of workers compensation.
HB 2315 - certain presumptions applicable to claims for benefits for certain public safety employees.
This bill is related to presumption of injury under workers compensation, cancer and use of tobacco products. This would only apply to detention officers, custodial officers, firefighters, peace officers or emergency medical technicians.
HB 2316 - employment of certain peace officers, detention officers, county jailers, or firefighters who are injured in the course and scope of duty.
This bill would add a new sub-chapter to the code and place restrictions on employers from terminating or suspending public safety employees in certain events if they have sustain a work related injury. If signed into law, it would not allow employers to terminate or suspend before maximum medical improvement is reached or dispute regarding the claim is settled. In addition if violated it would allow for reasonable damages and reinstatement.
HB 2317 - certain presumptions applicable to claims for benefits or compensation by public safety employees.
Would make changes to sections of the government code 607.052 (b) & (h). Several changes related to the use of tobacco products, acute myocardial infarction, exposure to hazards and presumption of injury.
February 23rd, 2023
HB 2468 - eligibility of an injured employee for lifetime income benefits under the workers ’ compensation system.
Filed by Representative Burrows, this bill would add language for brain and neurological disorders, serious bodily injury for first responders.
