Bill Text: TX SB876 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to service and filing requirements for a party seeking judicial review in certain workers' compensation cases.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-12 - Committee report printed and distributed [SB876 Detail]
Download: Texas-2017-SB876-Comm_Sub.html
By: Hancock | S.B. No. 876 | |
(In the Senate - Filed February 14, 2017; February 28, 2017, | ||
read first time and referred to Committee on Business & Commerce; | ||
April 12, 2017, reported favorably by the following vote: Yeas 9, | ||
Nays 0; April 12, 2017, sent to printer.) | ||
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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[ |
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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 [ |
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petition [ |
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(b) A party may not seek judicial review under Section | ||
410.251 unless the party has provided the copy [ |
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the petition [ |
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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 [ |
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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 [ |
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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. | ||
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