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A BILL TO BE ENTITLED
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AN ACT
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relating to conducting certain contested case hearings under the |
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Texas workers' compensation system by remote communication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 410.005(a), Labor Code, is amended to |
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read as follows: |
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(a) Subject to Section 410.0055, unless [Unless] the |
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division determines that good cause exists for the selection of a |
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different location, a contested case hearing may not be conducted |
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at a site more than 75 miles from the claimant's residence at the |
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time of the injury. |
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SECTION 2. Subchapter A, Chapter 410, Labor Code, is |
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amended by adding Section 410.0055 to read as follows: |
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Sec. 410.0055. CONDUCTING CERTAIN CONTESTED CASE HEARINGS |
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BY REMOTE COMMUNICATION. (a) On mutual agreement of the parties, |
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the division shall conduct a contested case hearing telephonically |
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or by videoconference. |
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(b) The commissioner shall adopt rules as necessary to |
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implement this section, including rules providing for: |
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(1) the updating of any notice issued for a contested |
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case hearing conducted in a manner described by this section; and |
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(2) the publication of: |
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(A) system requirements for a contested case |
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hearing conducted by videoconference; and |
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(B) a tutorial video and written instruction |
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guide that include information in English and Spanish regarding how |
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to electronically submit motions and evidence before a contested |
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case hearing conducted in a manner described by this section. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the commissioner of workers' compensation shall adopt |
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rules to implement Section 410.0055, Labor Code, as added by this |
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Act. |
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SECTION 4. Section 410.0055, Labor Code, as added by this |
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Act, applies to a contested case hearing requested on or after the |
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effective date of this Act. A contested case hearing requested |
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before the effective date of this Act is governed by the law in |
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effect on the date the contested case hearing was requested, 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. |