88R4074 RDS-F
 
  By: Zaffirini S.B. No. 1640
 
 
 
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) This section applies only to a
  contested case hearing in which the insurance carrier is:
               (1)  the State Office of Risk Management;
               (2)  The Texas A&M University System;
               (3)  the Texas Department of Transportation; or
               (4)  The University of Texas System.
         (b)  The division shall conduct a contested case hearing to
  which this section applies telephonically or by videoconference on
  a showing by the insurance carrier or the carrier's representative
  that conducting the hearing in that manner would reduce the costs
  incurred by this state, including in employee time, resulting from
  travel to and from the hearing location.
         SECTION 3.  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 4.  This Act takes effect September 1, 2023.