Bill Text: TX SR1248 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, H.B. No. 2605.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-05-29 - Reported enrolled [SR1248 Detail]
Download: Texas-2011-SR1248-Enrolled.html
By: Huffman | S.R. No. 1248 |
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BE IT RESOLVED by the Senate of the State of Texas, 82nd | ||
Legislature, Regular Session, 2011, That Senate Rule 12.03 be | ||
suspended in part as provided by Senate Rule 12.08 to enable the | ||
conference committee appointed to resolve the differences on | ||
House Bill 2605 (the continuation and functions of the division | ||
of workers' compensation of the Texas Department of Insurance) to | ||
consider and take action on the following matters: | ||
(1) Senate Rule 12.03(4) is suspended to permit the | ||
committee to add text not included in either the house or senate | ||
version of the bill to proposed Section 504.055, Labor Code, as | ||
added by Senate Floor Amendment No. 4 by Lucio, by adding | ||
Subsection (e) to read as follows: | ||
(e) Except as otherwise provided by this section, a first | ||
responder is entitled to review of a medical dispute in the | ||
manner provided by Section 504.054. | ||
Explanation: This addition is a cross-reference made | ||
necessary by the addition of proposed Section 504.054, Labor | ||
Code, as added by the senate committee substitute. | ||
(2) Senate Rule 12.03(2) is suspended to permit the | ||
committee to omit text not in disagreement by omitting proposed | ||
Section 504.055, Labor Code, that reads as follows: | ||
Sec. 504.055. FIRST RESPONDER MEDICAL DISPUTES; | ||
CONTESTED CASE HEARING AND JUDICIAL REVIEW. (a) In this | ||
section, "first responder" has the meaning assigned by Section | ||
504.054. | ||
(b) A first responder whose medical dispute remains | ||
unresolved after a review by an independent review organization | ||
is entitled to a contested case hearing. The independent review | ||
organization's decision is binding during the pendency of a | ||
dispute. A hearing under this subsection shall be conducted by | ||
the division in the same manner as a hearing conducted under | ||
Section 413.0311. | ||
(c) A first responder who has exhausted all | ||
administrative remedies under Subsection (b) and is aggrieved by | ||
a final decision of the division may seek judicial review of the | ||
decision. Judicial review under this subsection shall be | ||
conducted in the manner provided by Section 413.0311(d). | ||
Explanation: The omission is necessary to prevent an | ||
inconsistency with proposed Section 504.054, Labor Code, as | ||
added by the senate committee substitute. | ||
(3) Senate Rule 12.03(1) is suspended to permit the | ||
committee to change text not in disagreement in the proposed | ||
section containing the transition language added by Senate Floor | ||
Amendment No. 4 by Lucio to read as follows: | ||
Section 504.055, Labor Code, as added by this Act, applies | ||
only to a claim for workers' compensation benefits based on a | ||
compensable injury that occurs on or after the effective date of | ||
this Act. A claim based on a compensable injury that occurs | ||
before that date is governed by the law in effect on the date the | ||
compensable injury occurred, and the former law is continued in | ||
effect for that purpose. | ||
Explanation: This change is necessary to correct a | ||
cross-reference. | ||
_______________________________ | ||
President of the Senate | ||
I hereby certify that the | ||
above Resolution was adopted by | ||
the Senate on May 29, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
_______________________________ | ||
Secretary of the Senate |