SRC-LBB H.B. 2323 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2323
78R7575 KSD-DBy: McReynolds (Carona)
State Affairs
5/22/2003
Engrossed


DIGEST AND PURPOSE 

Currently, the provision for transferring venue of a workers' compensation
lawsuit is unclear. H.B. 2323 requires a court that does not have
jurisdiction over a suit to transfer certain cases regarding workers'
compensation claims to the appropriate court.  This bill acknowledges the
initial filing if it is within 40 days of the appeal panels decision.   
 
RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 410.252, Labor Code, by adding  Subsections (c)
and (d), as follows: 

(c)  Requires a court, on determining that it does not have jurisdiction
to render judgment on the merits of the suit, to transfer the case to a
proper court in a county described by Subsection (b), if a suit under this
section is filed in a county other than the county described by Subsection
(b).  Requires notice of the transfer of a suit to be given to the
parties.  Requires a suit transferred under this subsection to be
considered for all purposes the same as if originally filed in the court
to which it is transferred. 

(d)  Provides that if a suit is initially filed within the 40-day period
in Subsection (a), and is transferred under Subsection (c), the suit is
considered to be timely filed in the court to which it is transferred. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 2003.