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AN ACT
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relating to benefit review conferences under the Texas workers' |
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compensation system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 410.005, Labor Code, is |
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amended to read as follows: |
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Sec. 410.005. CONDUCTING [VENUE FOR] ADMINISTRATIVE |
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PROCEEDINGS. |
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SECTION 2. Section 410.005, Labor Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (e) to read |
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as follows: |
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(a) Unless the division determines that good cause exists |
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for the selection of a different location, [a benefit review |
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conference or] a contested case hearing may not be conducted at a |
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site more than 75 miles from the claimant's residence at the time of |
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the injury. |
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(d) The [Notwithstanding Subsection (a), the] division may |
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conduct a benefit review conference: |
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(1) telephonically; |
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(2) by videoconference; or |
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(3) in person, on showing of good cause as determined |
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by the division [on agreement by the injured employee]. |
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(e) Unless the division determines that good cause exists |
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for the selection of a different location, a benefit review |
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conference conducted in person under Subsection (d)(3) may not be |
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conducted at a site more than 75 miles from the claimant's residence |
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at the time of the injury. |
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SECTION 3. Section 410.005, Labor Code, as amended by this |
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Act, applies to a benefit review conference requested on or after |
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the effective date of this Act. A benefit review conference |
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requested before the effective date of this Act is governed by the |
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law in effect on the date the benefit review conference was |
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requested, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1752 was passed by the House on April |
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29, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1752 was passed by the Senate on May |
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19, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |