Bill Text: TX HB2727 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to consistency of venue for benefit disputes.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-04-02 - Left pending in committee [HB2727 Detail]
Download: Texas-2013-HB2727-Introduced.html
| By: Oliveira | H.B. No. 2727 | |
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| relating to consistency of venue for benefit disputes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, 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. Except as provided by Section | ||
| 413.0313, judicial [ |
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| 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 2. Subchapter C, Chapter 413, Labor Code, is | ||
| amended by adding Section 413.0313 to read as follows: | ||
| Sec. 413.0313. JUDICIAL REVIEW OF CERTAIN MEDICAL DISPUTES: | ||
| VENUE. (a) 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 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. | ||
| (b) If a suit under this section is filed in a county other | ||
| than the county described by Subsection (a), the court, on | ||
| determining that it does not have the jurisdiction to render | ||
| judgment on the merits of the suit, shall transfer the case to a | ||
| proper court in a county described by Subsection (a). 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. | ||
| (c) If a suit is initially filed within the 45-day period in | ||
| Section 413.0311(d), and is transferred under Subsection (c), the | ||
| suit is considered to be timely filed in the court to which it is | ||
| transferred. | ||
| 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, 2013. | ||
