Bill Text: TX SB1149 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to judicial review in district court of certain workers' compensation disputes.
Sponsorship: Partisan Bill (Democrat 1)
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 | |
|
|
||
|
|
||
| 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 [ |
||
| 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 [ |
||
| judicial review under this section by filing [ |
||
| 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. | ||
