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.