Bill Text: TX HB1752 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to benefit review conferences under the Texas workers' compensation system.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2021-06-04 - Effective immediately [HB1752 Detail]

Download: Texas-2021-HB1752-Enrolled.html
 
 
  H.B. No. 1752
 
 
 
 
AN ACT
  relating to benefit review conferences under the Texas workers'
  compensation system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 410.005, Labor Code, is
  amended to read as follows:
         Sec. 410.005.  CONDUCTING [VENUE FOR] ADMINISTRATIVE
  PROCEEDINGS.
         SECTION 2.  Section 410.005, Labor Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (e) to read
  as follows:
         (a)  Unless the division determines that good cause exists
  for the selection of a different location, [a benefit review
  conference or] a contested case hearing may not be conducted at a
  site more than 75 miles from the claimant's residence at the time of
  the injury.
         (d)  The [Notwithstanding Subsection (a), the] division may
  conduct a benefit review conference:
               (1)  telephonically;
               (2)  by videoconference; or
               (3)  in person, on showing of good cause as determined
  by the division [on agreement by the injured employee].
         (e)  Unless the division determines that good cause exists
  for the selection of a different location, a benefit review
  conference conducted in person under Subsection (d)(3) may not be
  conducted at a site more than 75 miles from the claimant's residence
  at the time of the injury.
         SECTION 3.  Section 410.005, Labor Code, as amended by this
  Act, applies to a benefit review conference requested on or after
  the effective date of this Act. A benefit review conference
  requested before the effective date of this Act is governed by the
  law in effect on the date the benefit review conference was
  requested, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1752 was passed by the House on April
  29, 2021, by the following vote:  Yeas 145, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1752 was passed by the Senate on May
  19, 2021, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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