78R7575 KSD-D
By: McReynolds H.B. No. 2323
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain suits regarding workers'
compensation claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 410.252, Labor Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) If a suit under this section is filed in a county other
than the county described by Subsection (b), the court, on
determining that it does not have jurisdiction to render judgment
on the merits of the suit, shall transfer the case to a proper court
in a county described by Subsection (b). Notice of the transfer of
a suit shall be given to the parties. A suit transferred under this
subsection shall be considered for all purposes the same as if
originally filed in the court to which it is transferred.
(d) 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. Section 410.252, Labor Code, as amended by this
Act, applies only to a cause of action that accrues on or after the
effective date of this Act. A cause of action that accrues before
that date is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2003.