By: Yarbrough H.B. No. 1277
73R5531 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to judicial review of decisions of the Texas Workers'
1-3 Compensation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6.61, Texas Workers' Compensation Act
1-6 (Article 8308-6.61, Vernon's Texas Civil Statutes), is amended to
1-7 read as follows:
1-8 Sec. 6.61. JUDICIAL REVIEW; PROCEDURES; PARTIES. (a) A
1-9 party that has exhausted its administrative remedies under this Act
1-10 and is aggrieved by a final decision of the appeals panel may seek
1-11 judicial review under this chapter by filing suit not later than
1-12 the 40th day after the date on which the decision of the appeals
1-13 panel was filed with the division of hearings.
1-14 (b) The party must bring suit to appeal the decision by
1-15 filing a petition with the appropriate court in:
1-16 (1) the county where the employee resided at the time
1-17 of the injury; or
1-18 (2) the county where the employee resided at the time
1-19 of death if the employee is deceased.
1-20 (c) In the case of an occupational disease, the petition
1-21 shall be filed with the appropriate court in:
1-22 (1) the county where the employee resided on the date
1-23 disability began; or
1-24 (2) any county agreed to by the parties.
2-1 (d) A copy of the petition shall be simultaneously filed
2-2 with the court <and the commission> and served on the commission
2-3 and the opposing party or parties.
2-4 (e) The <On timely motion initiated by the executive
2-5 director, the> commission is an indispensable party <shall be
2-6 permitted> to <intervene in> any judicial proceeding under this
2-7 chapter. A court does not have jurisdiction in any judicial
2-8 proceeding under this chapter in which the commission is not joined
2-9 as a party.
2-10 SECTION 2. This Act takes effect September 1, 1993, and
2-11 applies only to judicial review of a decision of a Texas Workers'
2-12 Compensation Commission appeals panel that is final on or after
2-13 that date. A petition for judicial review that is based on an
2-14 appeals panel decision that became final before September 1, 1993,
2-15 is governed by the law in effect on the date that the appeals panel
2-16 decision became final, and that law is continued in effect for that
2-17 purpose.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.