H.B. 2323 78(R)    BILL ANALYSIS


H.B. 2323
By: McReynolds
Business & Industry
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under the Labor Code Subchapter F, after a party has exhausted its
administrative remedies and has received a final decision of the State
Office of Administrative Hearing, the party may seek judicial review in a
district court.  The Labor Code Section 410.252 establishes the time
period for filing a petition and the venue provisions for judicial review.
Currently, a party has 40 days from the date of the review panel's
decision to file an appeal.  The original judicial review suit filed by a
party must be in the appropriate court.  The statute makes no reference to
what happens in regard to the time requirement when a party fails to file
in the appropriate court, but files in another court within 40 days.  HB
2323 allows for transfer of the judicial review suit to the appropriate
court and acknowledges the initial filing if within 40 days of the appeal
panels decision.  This bill grants judicial review to cases that after
transfer exceed the 40 day requirement, but otherwise are proper suits for
review. 



RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Section  410.252.  Time for Filing Petition; Venue.  Amends the Labor Code
410.252 by adding Subsections (c) and (d).  Subsection (c) calls for the
transfer from a nonjurisdiction court to the appropriate court under
Subsection (b), outlines notification procedures, and makes the
transferred suit considered as the original.  Subsection (d) clarifies the
40 day filing period if a transfer takes place by placing the requirement
on the original filing.  



EFFECTIVE DATE

On passage, the Act takes effect September 1, 2003, applies only to a
cause of action that takes place on or after the effective date.