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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 82nd |
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Legislature, Regular Session, 2011, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 2605 (the continuation and functions of the division |
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of workers' compensation of the Texas Department of Insurance) to |
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consider and take action on the following matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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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 |
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Subsection (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 |
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manner 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 |
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Code, as added by the senate committee substitute. |
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(2) Senate Rule 12.03(2) is suspended to permit the |
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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; |
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CONTESTED CASE HEARING AND JUDICIAL REVIEW. (a) In this |
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section, "first responder" has the meaning assigned by Section |
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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 |
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is 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 |
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the division in the same manner as a hearing conducted under |
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Section 413.0311. |
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(c) A first responder who has exhausted all |
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administrative remedies under Subsection (b) and is aggrieved by |
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a final decision of the division may seek judicial review of the |
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decision. Judicial review under this subsection shall be |
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conducted in the manner 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 |
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added by the senate committee substitute. |
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(3) Senate Rule 12.03(1) is suspended to permit the |
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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 |
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before 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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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 29, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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_______________________________ |
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Secretary of the Senate |