By George                                             H.B. No. 3212
         77R5893 KSD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to workers' compensation dispute resolution.       
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 410.208, Labor Code, is amended to read as
 1-5     follows:
 1-6           Sec. 410.208.  JUDICIAL ENFORCEMENT OF ORDER OR DECISION;
 1-7     ADMINISTRATIVE VIOLATION. (a)  If a person refuses or fails to
 1-8     comply with an interlocutory order, final order, or decision of the
 1-9     commission, the commission may bring suit in Travis County to
1-10     enforce the order or decision.
1-11           (b)  If an insurance carrier refuses or fails to comply with
1-12     an interlocutory order, [a] final order, or decision of the
1-13     commission, the claimant may bring suit in the county of the
1-14     claimant's residence or the county in which the injury occurred to
1-15     enforce the order or decision [award as a final and binding order
1-16     of the commission].
1-17           (c)  If the commission brings suit to enforce an
1-18     interlocutory order, final order, or decision of the commission,
1-19     the commission is entitled to reasonable attorney's fees and costs
1-20     for the prosecution and collection of the claim, in addition to a
1-21     judgment enforcing the order or decision and any other remedy
1-22     provided by law.
1-23           (d)  A [(b) In addition to a judgment enforcing the order,
1-24     the] claimant who brings suit to enforce an interlocutory order,
 2-1     final order, or decision of the commission is entitled to a penalty
 2-2     equal to 12 percent of the amount of benefits recovered in the
 2-3     judgment, [and] interest, and [with] reasonable attorney's fees for
 2-4     the prosecution and collection of the claim, in addition to a
 2-5     judgment enforcing the order or decision and any other remedy
 2-6     provided by law.
 2-7           (e) [(c)]  A person commits a violation if the person fails
 2-8     or refuses to comply with an interlocutory order, final order, or
 2-9     decision of the commission [a commission order or decision] within
2-10     20 days after the date the order or decision becomes final.  A
2-11     violation under this subsection is a Class A administrative
2-12     violation.
2-13           SECTION 2. Section 410.253, Labor Code, is amended to read as
2-14     follows:
2-15           Sec. 410.253.  SERVICE. (a) A party seeking judicial review
2-16     shall simultaneously:
2-17                 (1)  file a [A] copy of the party's petition [shall be
2-18     simultaneously filed] with the court;
2-19                 (2)  serve [and the commission and served on] any
2-20     opposing party to the suit; and
2-21                 (3)  provide written notice of the suit or notice of
2-22     appeal to the commission.
2-23           (b)  A party may not seek judicial review under Section
2-24     410.251 unless the party has provided written notice of the suit to
2-25     the commission as required by this section.
2-26           SECTION 3. Section 410.256(f), Labor Code, is amended to read
2-27     as follows:
 3-1           (f)  Settlement of a claim or issue under this section does
 3-2     not constitute a modification or reversal of the [appeals panel]
 3-3     decision awarding benefits for the purpose of Section 410.209
 3-4     [410.205].
 3-5           SECTION 4. Section 410.257(e), Labor Code, is amended to read
 3-6     as follows:
 3-7           (e)  A judgment under this section based on default or on an
 3-8     agreement of the parties does not constitute a modification or
 3-9     reversal of a [an appeals panel] decision awarding benefits for the
3-10     purpose of Section 410.209 [410.205].
3-11           SECTION 5. (a)  This Act takes effect September 1, 2001.
3-12           (b)  The change in law made by this Act applies only to a
3-13     workers' compensation proceeding initiated on or after the
3-14     effective date of this Act.  A proceeding initiated before the
3-15     effective date of this Act is governed by the law in effect on the
3-16     date the proceeding was initiated, and the former law is continued
3-17     in effect for that purpose.