By: Seliger S.B. No. 809
 
  (Giddings)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to judicial review in district court of certain workers'
  compensation disputes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (d), Section 410.252, Labor Code, is
  amended to read as follows:
         (d)  If a suit is initially filed within the 45-day [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.  Subsection (d), Section 413.0311, Labor Code, is
  amended to read as follows:
         (d)  A party who has exhausted all administrative remedies
  under Section 413.031 and this section and who is aggrieved by a
  final decision of the hearings officer under Subsection (c) may
  seek judicial review of the decision.  Judicial review under this
  subsection shall be conducted in the manner provided for judicial
  review of a contested case under Subchapter G, Chapter 2001,
  Government Code, except that the party seeking judicial review
  under this section must file suit not later than the 45th day after
  the date on which the division mailed the party the decision of the
  hearings officer.  For purposes of this subsection, the mailing
  date is considered to be the fifth day after the date the decision
  of the hearings officer was filed with the division.
         SECTION 3.  The change in law made by this Act applies only
  to a suit for judicial review filed on or after the effective date
  of this Act. A suit for judicial review filed before the effective
  date of this Act is covered by the law as it existed on the date the
  suit was filed, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2011.