Bill Text: TX HB1870 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to judicial review in district court of certain workers' compensation disputes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-29 - Committee report sent to Calendars [HB1870 Detail]
Download: Texas-2011-HB1870-Comm_Sub.html
82R11316 JSC-D | |||
By: Giddings | H.B. No. 1870 | ||
Substitute the following for H.B. No. 1870: | |||
By: Cook | C.S.H.B. No. 1870 |
|
||
|
||
relating to judicial review in district court of certain workers' | ||
compensation disputes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 410.252(d), Labor Code, is amended to | ||
read as follows: | ||
(d) If a suit is initially filed within the 45-day [ |
||
period in Subsection (a), and is transferred under Subsection (c), | ||
the suit is considered to be timely filed in the court to which it is | ||
transferred. | ||
SECTION 2. Section 413.0311(d), Labor Code, is amended to | ||
read as follows: | ||
(d) A party who has exhausted all administrative remedies | ||
under Section 413.031 and this section and who is aggrieved by a | ||
final decision of the hearings officer under Subsection (c) may | ||
seek judicial review of the decision. Judicial review under this | ||
subsection shall be conducted in the manner provided for judicial | ||
review of a contested case under Subchapter G, Chapter 2001, | ||
Government Code, except that the party seeking judicial review | ||
under this section must file suit not later than the 45th day after | ||
the date on which the division mailed the party the decision of the | ||
hearings officer. For purposes of this subsection, the mailing | ||
date is considered to be the fifth day after the date the decision | ||
of the hearings officer was filed with the division. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a suit for judicial review filed on or after the effective date | ||
of this Act. A suit for judicial review filed before the effective | ||
date of this Act is covered by the law as it existed on the date the | ||
suit was filed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. |