82R32155 JSC-D
By: Taylor of Galveston H.R. No. 2648
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 82nd Legislature, Regular Session, 2011, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 2605 (the continuation and
functions of the division of workers' compensation of the Texas
Department of Insurance) to consider and take action on the
following matters:
(1) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text not included in either the house or senate
version of the bill to proposed Section 504.055, Labor Code, as
added by Senate Floor Amendment No. 4 by Lucio, by adding Subsection
(e) to read as follows:
(e) Except as otherwise provided by this section, a first
responder is entitled to review of a medical dispute in the manner
provided by Section 504.054.
Explanation: This addition is a cross-reference made
necessary by the addition of proposed Section 504.054, Labor Code,
as added by the senate committee substitute.
(2) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit text not in disagreement by omitting proposed
Section 504.055, Labor Code, that reads as follows:
Sec. 504.055. FIRST RESPONDER MEDICAL DISPUTES; CONTESTED
CASE HEARING AND JUDICIAL REVIEW. (a) In this section, "first
responder" has the meaning assigned by Section 504.054.
(b) A first responder whose medical dispute remains
unresolved after a review by an independent review organization is
entitled to a contested case hearing. The independent review
organization's decision is binding during the pendency of a
dispute. A hearing under this subsection shall be conducted by the
division in the same manner as a hearing conducted under Section
413.0311.
(c) A first responder who has exhausted all administrative
remedies under Subsection (b) and is aggrieved by a final decision
of the division may seek judicial review of the decision. Judicial
review under this subsection shall be conducted in the manner
provided by Section 413.0311(d).
Explanation: The omission is necessary to prevent an
inconsistency with proposed Section 504.054, Labor Code, as added
by the senate committee substitute.
(3) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change text not in disagreement in the proposed
section containing the transition language added by Senate Floor
Amendment No. 4 by Lucio to read as follows:
Section 504.055, Labor Code, as added by this Act, applies
only to a claim for workers' compensation benefits based on a
compensable injury that occurs on or after the effective date of
this Act. A claim based on a compensable injury that occurs before
that date is governed by the law in effect on the date the
compensable injury occurred, and the former law is continued in
effect for that purpose.
Explanation: This change is necessary to correct a
cross-reference.