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A BILL TO BE ENTITLED
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AN ACT
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relating to filing death benefits claims under the 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 408.182(d-2), Labor Code, is amended to |
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read as follows: |
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(d-2) Except as otherwise provided by this subsection, to be |
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eligible to receive death benefits under Subsection (d-1), an |
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eligible parent must file with the division or insurance carrier a |
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claim for those benefits not later than the first anniversary of the |
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date of the injured employee's death from the compensable injury. |
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The claim must designate all eligible parents and necessary |
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information for payment to the eligible parents. The insurance |
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carrier is not liable for payment to any eligible parent not |
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designated on the claim. Failure to file a claim in the time |
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required bars the claim unless good cause exists for the failure to |
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file a claim under this section. |
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SECTION 2. Section 409.007, Labor Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) A person must file a claim for death benefits with the |
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division or insurance carrier not later than the first anniversary |
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of the date of the employee's death. |
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(d) If a person files a claim for death benefits with an |
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insurance carrier, at the time the carrier receives the claim the |
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carrier shall, in the form and manner prescribed by the division: |
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(1) create and maintain a record documenting receipt |
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of the claim; and |
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(2) provide written notice to the division that the |
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person filed the claim. |
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SECTION 3. The commissioner of worker's compensation shall |
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adopt rules as necessary to implement the changes in law made by |
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this Act. |
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SECTION 4. The changes in law made by this Act apply to a |
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claim for death benefits filed on or after the effective date of |
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this Act. A claim for death benefits filed before that date is |
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covered by the law in effect on the date the claim was filed, 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 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, 2023. |