88R13460 RDS-F
 
  By: Isaac H.B. No. 4214
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to conducting certain contested case hearings under the
  Texas workers' compensation system by remote communication.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 410.005(a), Labor Code, is amended to
  read as follows:
         (a)  Subject to Section 410.0055, unless [Unless] the
  division determines that good cause exists for the selection of a
  different location, a contested case hearing may not be conducted
  at a site more than 75 miles from the claimant's residence at the
  time of the injury.
         SECTION 2.  Subchapter A, Chapter 410, Labor Code, is
  amended by adding Section 410.0055 to read as follows:
         Sec. 410.0055.  CONDUCTING CERTAIN CONTESTED CASE HEARINGS
  BY REMOTE COMMUNICATION. (a) On mutual agreement of the parties,
  the division shall conduct a contested case hearing telephonically
  or by videoconference.
         (b)  The commissioner shall adopt rules as necessary to
  implement this section, including rules providing for:
               (1)  the updating of any notice issued for a contested
  case hearing conducted in a manner described by this section; and
               (2)  the publication of:
                     (A)  system requirements for a contested case
  hearing conducted by videoconference; and
                     (B)  a tutorial video and written instruction
  guide that include information in English and Spanish regarding how
  to electronically submit motions and evidence before a contested
  case hearing conducted in a manner described by this section.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the commissioner of workers' compensation shall adopt
  rules to implement Section 410.0055, Labor Code, as added by this
  Act.
         SECTION 4.  Section 410.0055, Labor Code, as added by this
  Act, applies to a contested case hearing requested on or after the
  effective date of this Act. A contested case hearing requested
  before the effective date of this Act is governed by the law in
  effect on the date the contested case hearing was requested, and the
  former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.