By: Barrientos S.B. No. 1885
97S0525/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain proceedings under the Texas Workers'
1-2 Compensation Act.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 401.021, Labor Code, is amended to read
1-5 as follows:
1-6 Sec. 401.021. Application of Other Acts. Except as
1-7 otherwise provided by this subtitle:
1-8 (1) a proceeding, hearing, judicial review, or
1-9 enforcement of a commission order, decision, or rule is governed by
1-10 the following subchapters and sections of Chapter 2001, Government
1-11 Code:
1-12 (A) Subchapters A, B, D, E, G, and H, excluding
1-13 Sections 2001.004(3) and 2001.005;
1-14 (B) Sections 2001.051, 2001.052, and 2001.053;
1-15 (C) Sections 2001.056 through 2001.062; and
1-16 (D) Section 2001.141(c);
1-17 (2) a proceeding, hearing, judicial review, or
1-18 enforcement of a commission order, decision, or rule is governed by
1-19 Subchapters A and B, Chapter 2002, Government Code, excluding
1-20 Sections 2002.001(2) and 2002.023;
1-21 (3) Chapter 551, Government Code, applies to a
1-22 proceeding under this subtitle, other than:
1-23 (A) a benefit review conference;
2-1 (B) a contested case hearing;
2-2 (C) [an appeals panel proceeding;]
2-3 [(D)] arbitration; or
2-4 (D) [(E)] another proceeding involving a
2-5 determination on a workers' compensation claim; and
2-6 (4) Chapter 552, Government Code, applies to a record
2-7 of the commission or the research center.
2-8 SECTION 2. Subsection (b), Section 402.073, Labor Code, is
2-9 amended to read as follows:
2-10 (b) In a case in which a hearing is conducted by the State
2-11 Office of Administrative Hearings under Chapter 410, Section
2-12 411.049, 413.031, or 415.034, the administrative law judge who
2-13 conducts the hearing for the State Office of Administrative
2-14 Hearings shall enter the final decision in the case after
2-15 completion of the hearing.
2-16 SECTION 3. Subsection (c), Section 409.042, Labor Code, is
2-17 amended to read as follows:
2-18 (c) The commission by rule shall adopt training guidelines
2-19 and continuing education requirements for ombudsmen. Training
2-20 provided under this subsection must:
2-21 (1) include education regarding this subtitle and[,]
2-22 rules adopted under this subtitle[, and appeals panel decisions,]
2-23 with emphasis on benefits and the dispute resolution process; and
2-24 (2) require an ombudsman undergoing training to be
2-25 observed and monitored by an experienced ombudsman during daily
3-1 activities conducted under this subchapter.
3-2 SECTION 4. Section 410.004, Labor Code is amended to read as
3-3 follows:
3-4 Sec. 410.004. Division of Hearings. The division shall
3-5 conduct benefit review conferences and[, contested case hearings,]
3-6 arbitration[, and appeals] within the commission related to
3-7 workers' compensation claims.
3-8 SECTION 5. Section 410.152, Labor Code, is amended to read
3-9 as follows:
3-10 Sec. 410.152. HEARING OFFICERS[; QUALIFICATIONS]. (a) A
3-11 hearing under this subchapter shall be conducted by an
3-12 administrative law judge employed by the State Office of
3-13 Administrative Hearings [officer shall conduct a contested case
3-14 hearing].
3-15 (b) Any reference in this subchapter to a hearing officer
3-16 who has a duty related to a case pending before the commission
3-17 means an administrative law judge employed by the State Office of
3-18 Administrative Hearings [A hearing officer must be licensed to
3-19 practice law in this state].
3-20 SECTION 6. Section 410.169, Labor Code, is amended to read
3-21 as follows:
3-22 Sec. 410.169. Effect of Decision. A decision of a hearing
3-23 officer regarding benefits is final in the absence of a timely
3-24 appeal by a party and is binding during the pendency of an appeal
3-25 to a district court [the appeals panel].
4-1 SECTION 7. Section 410.251, Labor Code, is amended to read
4-2 as follows:
4-3 Sec. 410.251. Exhaustion of Remedies. A party that has
4-4 exhausted its administrative remedies under this subtitle and that
4-5 is aggrieved by a final decision in a contested case [of the
4-6 appeals panel] may seek judicial review under this subchapter and
4-7 Subchapter G, if applicable.
4-8 SECTION 8. Subsection (a), Section 410.252, Labor Code, is
4-9 amended to read as follows:
4-10 (a) A party may seek judicial review by filing suit not
4-11 later than the 40th day after the date on which the decision of the
4-12 administrative law judge [appeals panel] was filed with the
4-13 division.
4-14 SECTION 9. Subsection (a), Section 410.301, Labor Code, is
4-15 amended to read as follows:
4-16 (a) Judicial review of a final decision of an administrative
4-17 law judge [a commission appeals panel] regarding compensability or
4-18 eligibility for or the amount of income or death benefits shall be
4-19 conducted as provided by this subchapter.
4-20 SECTION 10. Sections 410.302 and 410.304, Labor Code, are
4-21 amended to read as follows:
4-22 Sec. 410.302. Limitation of Issues. A trial under this
4-23 subchapter is limited to issues decided by the administrative law
4-24 judge [commission appeals panel] and on which judicial review is
4-25 sought. The pleadings must specifically set forth the
5-1 determinations of the administrative law judge [appeals panel] by
5-2 which the party is aggrieved.
5-3 Sec. 410.304. CONSIDERATION OF ADMINISTRATIVE LAW JUDGE
5-4 [APPEALS PANEL] DECISION. (a) In a jury trial, the court, before
5-5 submitting the case to the jury, shall inform the jury in the
5-6 court's instructions, charge, or questions to the jury of the
5-7 administrative law judge's [commission appeals panel] decision on
5-8 each disputed issue described by Section 410.301(a) that is
5-9 submitted to the jury.
5-10 (b) In a trial to the court without a jury, the court in
5-11 rendering its judgment on an issue described by Section 410.301(a)
5-12 shall consider the decision of the administrative law judge
5-13 [commission appeals panel].
5-14 SECTION 11. Subsection (c), Section 410.005, and Subchapter
5-15 E, Chapter 410, Labor Code, are repealed.
5-16 SECTION 12. (a) This Act applies to all appeals panel and
5-17 contested case hearings conducted under Chapter 410, Labor Code:
5-18 (1) commenced on or after the effective date of this
5-19 Act; or
5-20 (2) pending on the effective date of this Act and in
5-21 which the proceeding begins on or after that date.
5-22 (b) A hearing commenced before the effective date of this
5-23 Act that is in progress on the effective date of this Act is
5-24 governed by the applicable law in effect immediately before the
5-25 effective date of this Act, and that law is continued in effect for
6-1 that purpose.
6-2 SECTION 13. This Act takes effect September 1, 1997.
6-3 SECTION 14. The importance of this legislation and the
6-4 crowded condition of the calendars in both houses create an
6-5 emergency and an imperative public necessity that the
6-6 constitutional rule requiring bills to be read on three several
6-7 days in each house be suspended, and this rule is hereby suspended.