HB 1390

84(R) - 2015
House Business & Industry
House Business & Industry
Workers’ Compensation  

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


Senfronia Thompson

Bill Caption

Relating to remedies for discrimination by a public employer against a public employee in connection with a claim for workers' compensation.

Fiscal Notes

Based on information provided by the Texas Department of Insurance and the Office of the Attorney General, it is assumed that all duties and responsibilities necessary to implement the provisions of the bill could be accomplished within existing resources.

Local Government Impact: The fiscal impact to local governments would vary based on the number of law suits filed. According to the Texas Association of Counties, the fiscal implications of the bill cannot be determined at this time. 

Bill Analysis

A public employee who alleges a violation of Section 451.001, which prohibits employers from discriminating against employees pursuing workers' comp claims, may sue the state or local governmental entity for the relief provided by this chapter. Sovereign and governmental immunity is waived and abolished to the extent of liability for the relief allowed under this chapter for a violation of Section 451.001.

The amount of damages that may be awarded are fixed under under Section 101.023, Civil Practice and Remedies Code. A public employee is not entitled to recover exemplary damages under this legislation. 

Vote Recommendation Notes

HB 1390 may make it easier for some public employees to seek a redress of grievances related to workers' compensation. However, it is unclear that this legislation is actually needed. For this reason we are neutral.