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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 82nd Legislature, Regular Session, 2011, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 2605 (the continuation and |
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functions of the division of workers' compensation of the Texas |
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Department of Insurance) to consider and take action on the |
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following matters: |
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(1) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text not included in either the house or senate |
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version of the bill to proposed Section 504.055, Labor Code, as |
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added by Senate Floor Amendment No. 4 by Lucio, by adding Subsection |
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(e) to read as follows: |
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(e) Except as otherwise provided by this section, a first |
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responder is entitled to review of a medical dispute in the manner |
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provided by Section 504.054. |
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Explanation: This addition is a cross-reference made |
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necessary by the addition of proposed Section 504.054, Labor Code, |
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as added by the senate committee substitute. |
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(2) House Rule 13, Section 9(a)(2), is suspended to permit |
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the committee to omit text not in disagreement by omitting proposed |
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Section 504.055, Labor Code, that reads as follows: |
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Sec. 504.055. FIRST RESPONDER MEDICAL DISPUTES; CONTESTED |
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CASE HEARING AND JUDICIAL REVIEW. (a) In this section, "first |
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responder" has the meaning assigned by Section 504.054. |
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(b) A first responder whose medical dispute remains |
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unresolved after a review by an independent review organization is |
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entitled to a contested case hearing. The independent review |
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organization's decision is binding during the pendency of a |
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dispute. A hearing under this subsection shall be conducted by the |
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division in the same manner as a hearing conducted under Section |
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413.0311. |
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(c) A first responder who has exhausted all administrative |
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remedies under Subsection (b) and is aggrieved by a final decision |
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of the division may seek judicial review of the decision. Judicial |
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review under this subsection shall be conducted in the manner |
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provided by Section 413.0311(d). |
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Explanation: The omission is necessary to prevent an |
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inconsistency with proposed Section 504.054, Labor Code, as added |
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by the senate committee substitute. |
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(3) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to change text not in disagreement in the proposed |
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section containing the transition language added by Senate Floor |
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Amendment No. 4 by Lucio to read as follows: |
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Section 504.055, Labor Code, as added by this Act, applies |
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only to a claim for workers' compensation benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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that date is governed by the law in effect on the date the |
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compensable injury occurred, and the former law is continued in |
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effect for that purpose. |
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Explanation: This change is necessary to correct a |
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cross-reference. |
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Taylor of Galveston |
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______________________________ |
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Speaker of the House |
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I certify that H.R. No. 2648 was adopted by the House on May |
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29, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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