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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial review in district court of certain workers' |
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compensation disputes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (d), Section 410.252, Labor Code, is |
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amended to read as follows: |
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(d) If a suit is initially filed within the 45-day [40-day] |
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period in Subsection (a), and is transferred under Subsection (c), |
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the suit is considered to be timely filed in the court to which it is |
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transferred. |
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SECTION 2. Subsection (d), Section 413.0311, Labor Code, is |
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amended to read as follows: |
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(d) A party who has exhausted all administrative remedies |
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under Section 413.031 and this section and who is aggrieved by a |
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final decision of the hearings officer under Subsection (c) may |
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seek judicial review of the decision. Judicial review under this |
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subsection shall be conducted in the manner provided for judicial |
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review of a contested case under Subchapter G, Chapter 2001, |
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Government Code, except that the party seeking judicial review |
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under this section must file suit not later than the 45th day after |
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the date on which the division mailed the party the decision of the |
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hearings officer. For purposes of this subsection, the mailing |
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date is considered to be the fifth day after the date the decision |
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of the hearings officer was filed with the division. |
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SECTION 3. The change in law made by this Act applies only |
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to a suit for judicial review filed on or after the effective date |
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of this Act. A suit for judicial review filed before the effective |
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date of this Act is covered by the law as it existed on the date the |
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suit was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |