Bill Text: TX SB1149 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to judicial review in district court of certain workers' compensation disputes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-12 - Referred to State Affairs [SB1149 Detail]
Download: Texas-2013-SB1149-Introduced.html
83R10068 JSC-F | ||
By: Hinojosa | S.B. No. 1149 |
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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 413.0311, Labor Code, is amended by | ||
amending Subsection (d) and adding Subsections (d-1) through (d-4) | ||
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. Except as otherwise provided | ||
by Subsections (d-1) through (d-4), judicial [ |
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under this subsection shall be conducted in the manner provided for | ||
judicial review of a contested case under Subchapter G, Chapter | ||
2001, Government Code. | ||
(d-1) A [ |
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judicial review under this section by filing [ |
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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. | ||
(d-2) The party bringing suit to appeal the decision must | ||
file a petition with the appropriate court: | ||
(1) in the county where the employee resided at the | ||
time of the injury or death, if the employee is deceased; or | ||
(2) in the case of an occupational disease, in the | ||
county where the employee resided on the date disability began or | ||
any county agreed to by the parties. | ||
(d-3) If a suit under this section is filed in a county other | ||
than the county described by Subsection (d-2), the court, on | ||
determining that it does not have jurisdiction to render judgment | ||
on the merits of the suit, shall transfer the case to a proper court | ||
in a county described by Subsection (d-2). Notice of the transfer | ||
of a suit shall be given to the parties. A suit transferred under | ||
this subsection shall be considered for all purposes the same as if | ||
originally filed in the court to which it is transferred. | ||
(d-4) If a suit is initially filed within the 45-day period | ||
in Subsection (d-1), and is transferred under Subsection (d-3), the | ||
suit is considered to be timely filed in the court to which it is | ||
transferred. | ||
SECTION 2. 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 3. This Act takes effect September 1, 2013. |