81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85 Page: 27 of 126
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S.B. No. 1540
1 representatives shall be reduced only in proportion to the amount
2 o negligence attributable to the employee.
3 i !() An employee of a railway company who is injured while
4 engaged in the operation of a train in this state that is propelled
5 by two or more engines is not considered to have assumed the risk of
6 that injury if the injury is a result of the operation of two or more
7 engines on the train rather than one.
8 (d) In an action against a railroad operator under Section
9 112.152, an employee may no be held to have assumed the risk of the
10 empl oye's employment in a case in which the railroad operator's
11 viol t on of a statute enacted for the safety of employees
12 contributed to the employee's injury or death. (V.A.C.S. Arts.
13 6431'7 6438, 6441.)
14 Sec. 112.155. CERTAIN PROVISIONS VOID. A provision of a
15 contract, rule, or device the purpose of which is to exempt a
16 railroad operator from liability under Section 112.152 is void to
17 the extent of the purported exemption. (V.A.C.S. Art. 6442
19 Sec. 112.156. LIABILITY OFFSET. In an action against a
20 railroad operator under Section 112.152, the railroad operator may
21 offset the railroad operator's liability by the amount of the
22 railroad operator's contribution or payment to any insurance,
23 relief benefit, or indemnity from which benefits have been paid to
24 the injured employee or another person entitled to the benefits as a
25 result of the injury or death that is the subject of the action.
26 (V.A C.S. Art. 6442 (part).)
27 I S.ec. 112 157. CONSTRUCTION OF CERTAIN SECTIONS.
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Texas. Legislature. Senate. 81st Texas Legislature, Regular Session, Senate Bill 1540, Chapter 85, legislative document, May 20, 2009; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth310917/m1/27/: accessed March 30, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.