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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. Section 413.0311, Labor Code, is amended by |
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amending Subsection (d) and adding Subsections (d-1) through (d-4) |
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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 otherwise provided |
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by Subsections (d-1) through (d-4), judicial [Judicial] review |
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under this subsection shall be conducted in the manner provided for |
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judicial review of a contested case under Subchapter G, Chapter |
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2001, Government Code. |
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(d-1) A [, except that the] party may seek [seeking] |
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judicial review under this section by filing [must file] suit not |
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later than the 45th day after the date on which the division mailed |
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the party the decision of the hearings officer. For purposes of |
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this subsection, the mailing date is considered to be the fifth day |
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after the date the decision of the hearings officer was filed with |
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the division. |
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(d-2) 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 the 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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(d-3) If a suit under this section is filed in a county other |
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than the county described by Subsection (d-2), the court, on |
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determining that it does not have jurisdiction to render judgment |
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on the merits of the suit, shall transfer the case to a proper court |
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in a county described by Subsection (d-2). Notice of the transfer |
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of a suit shall be given to the parties. A suit transferred under |
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this subsection shall be considered for all purposes the same as if |
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originally filed in the court to which it is transferred. |
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(d-4) If a suit is initially filed within the 45-day period |
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in Subsection (d-1), and is transferred under Subsection (d-3), 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 2. 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 3. This Act takes effect September 1, 2013. |