Bill Text: TX HB2061 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to service and filing requirements for a party seeking judicial review in certain workers' compensation cases.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-05-29 - Effective on 9/1/17 [HB2061 Detail]

Download: Texas-2017-HB2061-Enrolled.html
 
 
  H.B. No. 2061
 
 
 
 
AN ACT
  relating to service and filing requirements for a party seeking
  judicial review in certain workers' compensation cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 410.253, Labor Code, is amended to read
  as follows:
         Sec. 410.253.  SERVICE[; NOTICE]. (a) A party seeking
  judicial review shall simultaneously:
               (1)  file a copy of the party's petition with the court;
               (2)  serve any opposing party to the suit; and
               (3)  provide a copy [written notice] of the party's
  petition [suit or notice of appeal] to the division.
         (b)  A party may not seek judicial review under Section
  410.251 unless the party has provided the copy [written notice] of
  the petition [suit] to the division under Subsection (a)(3) [as
  required by this section].
         SECTION 2.  Section 410.258, Labor Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (a-2), and
  (a-3) to read as follows:
         (a)  The party who initiated a proceeding under this
  subchapter or Subchapter G must file any proposed judgment or
  settlement [made by the parties to the proceeding], including a
  proposed default judgment or proposed agreed judgment, with the
  division not later than the 30th day before the date on which the
  court is scheduled to enter the judgment or approve the
  settlement.  
         (a-1)  If the terms of the proposed settlement or proposed
  agreed judgment, including all payments to be made, are not
  described in the proposed settlement or proposed agreed judgment,
  the party must also file with the division at the time of filing the
  proposed settlement or proposed agreed judgment a separate document
  that fully describes the terms of the proposed settlement or
  proposed agreed judgment.
         (a-2)  The proposed [judgment or] settlement or proposed
  agreed judgment and any separate document described by Subsection
  (a-1) must be mailed to the division by certified mail, return
  receipt requested.
         (a-3)  The separate document filed with the division under
  Subsection (a-1) is not subject to disclosure under Chapter 552,
  Government Code.
         SECTION 3.  Section 410.253, Labor Code, as amended by this
  Act, applies to a petition for judicial review filed on or after the
  effective date of this Act.
         SECTION 4.  Section 410.258, Labor Code, as amended by this
  Act, applies to a proposed judgment or settlement related to a
  proceeding under Subchapter F or G, Chapter 410, Labor Code,
  initiated on or after the effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2061 was passed by the House on April
  20, 2017, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2061 was passed by the Senate on May
  12, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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