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A BILL TO BE ENTITLED
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AN ACT
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relating to rights and benefits |
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under the Texas workers' |
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compensation system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 404.109, Labor Code, is amended to read |
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as follows: |
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Sec. 404.109. INJURED EMPLOYEE RIGHTS; NOTICE. (a) The |
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public counsel shall adopt, in the form and manner prescribed by the |
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public counsel and after consultation with the commissioner of |
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workers' compensation, a notice of injured employee rights and |
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responsibilities to be distributed by the division as provided by |
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commissioner or commissioner of insurance rules. |
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(b) The notice adopted under Subsection (a) must inform an |
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injured employee that the employee has the right to choose a |
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treating doctor, including a doctor of medicine, osteopathic |
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medicine, optometry, dentistry, podiatry, or chiropractic who is |
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licensed and authorized to practice. |
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(c) A right or responsibility included in the notice adopted |
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under Subsection (a) [this section] must be consistent with the |
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requirements of this subtitle and division rules. |
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(d) This section may not be construed as establishing an |
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entitlement to benefits to which the claimant is not otherwise |
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entitled under this subtitle. |
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SECTION 2. Section 408.183(b-1), Labor Code, is amended to |
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read as follows: |
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(b-1) Notwithstanding Subsection (b), an eligible spouse |
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who remarried is eligible for death benefits for life if the |
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employee was a first responder, as defined by Section 504.055, or an |
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individual described by Section 615.003(1), Government Code, or |
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Section 501.001(5)(F) of this code, who suffered death in the |
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course and scope of employment or while providing services as a |
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volunteer. This subsection applies regardless of the date on which |
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the death of the first responder or other individual occurred. |
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SECTION 3. The public counsel of the office of injured |
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employee counsel shall adopt the notice required under Section |
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404.109, Labor Code, as amended by this Act, not later than December |
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1, 2019. |
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SECTION 4. The change in law made by this Act to Section |
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408.183(b-1), Labor Code, applies only to an eligible spouse who |
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remarries on or after the effective date of this Act. An eligible |
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spouse who remarried before that date is governed by the law as it |
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existed immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |