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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial review of certain decisions under the Texas |
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Workers' Compensation Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 415.035, Labor Code, is amended to read |
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as follows: |
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Sec. 415.035. JUDICIAL REVIEW. [(a)] A decision under |
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Section 415.034 is subject to judicial review in the manner |
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provided for judicial review under Chapter 2001, Government Code. |
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[(b)
If an administrative penalty is assessed, the person
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charged shall:
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[(1)
forward the amount of the penalty to the division
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for deposit in an escrow account; or
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[(2)
post with the division a bond for the amount of
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the penalty, effective until all judicial review of the
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determination is final.
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[(c)
Failure to comply with Subsection (b) results in a
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waiver of all legal rights to contest the violation or the amount of
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the penalty.
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[(d)
If the court determines that the penalty should not
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have been assessed or reduces the amount of the penalty, the
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division shall:
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[(1)
remit the appropriate amount, plus accrued
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interest, if the administrative penalty was paid; or
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[(2) release the bond.] |
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SECTION 2. Section 415.035, Labor Code, as amended by this |
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Act, applies only to judicial review of a decision issued on or |
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after the effective date of this Act. Judicial review of a decision |
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issued before the effective date of this Act is governed by the law |
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in effect on the date the decision was issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |