Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 406. WORKERS' COMPENSATION INSURANCE COVERAGE
Texas Codes

Tex. Lab. Code § 406.095 (2026)

Certain Professional Athletes

✓ laws through the 89th Legislature (2025)
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Sec. 406.095. CERTAIN PROFESSIONAL ATHLETES. (a) A professional athlete employed under a contract for hire or a collective bargaining agreement who is entitled to benefits for medical care and weekly benefits that are equal to or greater than the benefits provided under this subtitle may not receive benefits under this subtitle and the equivalent benefits under the contract or collective bargaining agreement. An athlete covered by such a contract or agreement who sustains an injury in the course and scope of the athlete's employment shall elect to receive either the benefits available under this subtitle or the benefits under the contract or agreement.

(b) The commissioner by rule shall establish the procedures and requirements for an election under this section.

(c) In this section, "professional athlete" means a person employed as a professional athlete by a franchise of:

(1) the National Football League;

(2) the National Basketball Association;

(3) the American League of Professional Baseball Clubs;

(4) the National League of Professional Baseball Clubs;

(5) the International Hockey League;

(6) the National Hockey League; or

(7) the Central Hockey League.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 668, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.036, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 815 (S.B. 742), Sec. 1, eff. September 1, 2005.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2008–2023 · leading case: Gulf Ins. Co. v. Hennings, 283 S.W.3d 381 (Tex. App.—Waco 2008).
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Gulf Ins. Co. v. Hennings, 283 S.W.3d 381 (Tex. App.—Waco 2008). · cites it 6× “Tex. Lab.Code Ann. § 406.095 (Vernon 2006) (emphases added).”
Great Divide Ins. Co. v. Alcus Reshod Fortenberry, No. 05-19-01541-CV (Tex. App.—Dallas July 17, 2023). · cites it 4× “402 provides: (a) Medical care available to a professional athlete subject to the Texas Workers’ Compensation Act (the Act), Texas Labor Code § 406.095, is equal to or greater than medical benefits under the Act if: (1) the athlete is entitled to all health care reasonably…”
Tex. Lab. Code § 406.095(a): 1 case
Gulf Ins. Co. v. Hennings, 283 S.W.3d 381 (Tex. App.—Waco 2008). “Tex. Lab.Code Ann. § 406.095 (Vernon 2006) (emphases added).”
Tex. Lab. Code § 406.095(c): 1 case
Gulf Ins. Co. v. Hennings, 283 S.W.3d 381 (Tex. App.—Waco 2008). “Tex. Lab.Code Ann. § 406.095 (Vernon 2006) (emphases added).”
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