| 1 | 1 | | 82R11316 JSC-D |
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| 2 | 2 | | By: Giddings H.B. No. 1870 |
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| 3 | 3 | | Substitute the following for H.B. No. 1870: |
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| 4 | 4 | | By: Cook C.S.H.B. No. 1870 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to judicial review in district court of certain workers' |
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| 10 | 10 | | compensation disputes. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 410.252(d), Labor Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (d) If a suit is initially filed within the 45-day [40-day] |
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| 15 | 15 | | period in Subsection (a), and is transferred under Subsection (c), |
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| 16 | 16 | | the suit is considered to be timely filed in the court to which it is |
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| 17 | 17 | | transferred. |
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| 18 | 18 | | SECTION 2. Section 413.0311(d), Labor Code, is amended to |
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| 19 | 19 | | read as follows: |
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| 20 | 20 | | (d) A party who has exhausted all administrative remedies |
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| 21 | 21 | | under Section 413.031 and this section and who is aggrieved by a |
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| 22 | 22 | | final decision of the hearings officer under Subsection (c) may |
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| 23 | 23 | | seek judicial review of the decision. Judicial review under this |
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| 24 | 24 | | subsection shall be conducted in the manner provided for judicial |
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| 25 | 25 | | review of a contested case under Subchapter G, Chapter 2001, |
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| 26 | 26 | | Government Code, except that the party seeking judicial review |
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| 27 | 27 | | under this section must file suit not later than the 45th day after |
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| 28 | 28 | | the date on which the division mailed the party the decision of the |
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| 29 | 29 | | hearings officer. For purposes of this subsection, the mailing |
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| 30 | 30 | | date is considered to be the fifth day after the date the decision |
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| 31 | 31 | | of the hearings officer was filed with the division. |
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| 32 | 32 | | SECTION 3. The change in law made by this Act applies only |
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| 33 | 33 | | to a suit for judicial review filed on or after the effective date |
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| 34 | 34 | | of this Act. A suit for judicial review filed before the effective |
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| 35 | 35 | | date of this Act is covered by the law as it existed on the date the |
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| 36 | 36 | | suit was filed, and the former law is continued in effect for that |
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| 37 | 37 | | purpose. |
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| 38 | 38 | | SECTION 4. This Act takes effect September 1, 2011. |
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