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A BILL TO BE ENTITLED
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AN ACT
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relating to service and filing requirements for a party seeking |
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judicial review in certain workers' compensation cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 410.253, Labor Code, is amended to read |
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as follows: |
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Sec. 410.253. SERVICE[; NOTICE]. (a) A party seeking |
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judicial review shall simultaneously: |
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(1) file a copy of the party's petition with the court; |
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(2) serve any opposing party to the suit; and |
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(3) provide a copy [written notice] of the party's |
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petition [suit or notice of appeal] to the division. |
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(b) A party may not seek judicial review under Section |
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410.251 unless the party has provided the copy [written notice] of |
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the petition [suit] to the division under Subsection (a)(3) [as
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required by this section]. |
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SECTION 2. Section 410.258, Labor Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), and |
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(a-3) to read as follows: |
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(a) The party who initiated a proceeding under this |
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subchapter or Subchapter G must file any proposed judgment or |
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settlement [made by the parties to the proceeding], including a |
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proposed default judgment or proposed agreed judgment, with the |
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division not later than the 30th day before the date on which the |
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court is scheduled to enter the judgment or approve the settlement. |
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(a-1) If the terms of the proposed settlement or proposed |
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agreed judgment, including all payments to be made, are not |
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described in the proposed settlement or proposed agreed judgment, |
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the party must also file with the division at the time of filing the |
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proposed settlement or proposed agreed judgment a separate document |
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that fully describes the terms of the proposed settlement or |
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proposed agreed judgment. |
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(a-2) The proposed [judgment or] settlement or proposed |
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agreed judgment and any separate document described by Subsection |
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(a-1) must be mailed to the division by certified mail, return |
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receipt requested. |
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(a-3) The separate document filed with the division under |
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Subsection (a-1) is not subject to disclosure under Chapter 552, |
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Government Code. |
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SECTION 3. Section 410.253, Labor Code, as amended by this |
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Act, applies to a petition for judicial review filed on or after the |
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effective date of this Act. |
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SECTION 4. Section 410.258, Labor Code, as amended by this |
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Act, applies to a proposed judgment or settlement related to a |
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proceeding under Subchapter F or G, Chapter 410, Labor Code, |
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initiated on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2017. |
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