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A BILL TO BE ENTITLED
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AN ACT
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relating to consistency of venue for benefit disputes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Section 413.0311 (d), Labor Code, |
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is 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. Except as provided by Section |
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413.0313, judicial [Judicial] review under this subsection shall be |
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conducted in the manner provided for judicial review of a contested |
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case under Subchapter G, Chapter 2001, Government Code, except that |
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the party seeking judicial review under this section must file suit |
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not later than the 45th day after the date on which the division |
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mailed the party the decision of the hearings officer. For purposes |
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of this subsection, the mailing date is considered to be the fifth |
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day after the date the decision of the hearings officer was filed |
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with the division. |
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SECTION 2. Subchapter C, Chapter 413, Labor Code, is |
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amended by adding Section 413.0313 to read as follows: |
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Sec. 413.0313. JUDICIAL REVIEW OF CERTAIN MEDICAL DISPUTES: |
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VENUE. (a) The party bringing suit to appeal the decision must |
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file a petition with the appropriate court: |
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(1) In the county where the employee resided at the |
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time of injury or death, if the employee is deceased; or |
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(2) In the case of an occupational disease, in the |
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county where the employee resided on the date disability began or |
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any county agreed to by the parties. |
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(b) If a suit under this section is filed in a county other |
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than the county described by Subsection (a), the court, on |
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determining that it does not have the jurisdiction to render |
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judgment on the merits of the suit, shall transfer the case to a |
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proper court in a county described by Subsection (a). Notice of the |
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transfer of a suit shall be given to the parties. A suit transferred |
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under this subsection shall be considered for all purposes the same |
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as if originally filed in the court to which it is transferred. |
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(c) If a suit is initially filed within the 45-day period in |
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Section 413.0311(d), and is transferred under Subsection (c), the |
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suit is considered to be timely filed in the court to which it is |
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transferred. |
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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, 2013. |