By: Seliger S.B. No. 809
(Giddings)
A BILL TO BE ENTITLED
AN ACT
relating to judicial review in district court of certain workers'
compensation disputes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (d), Section 410.252, Labor Code, is
amended to read as follows:
(d) If a suit is initially filed within the 45-day [40-day]
period in Subsection (a), and is transferred under Subsection (c),
the suit is considered to be timely filed in the court to which it is
transferred.
SECTION 2. Subsection (d), Section 413.0311, Labor Code, is
amended to read as follows:
(d) A party who has exhausted all administrative remedies
under Section 413.031 and this section and who is aggrieved by a
final decision of the hearings officer under Subsection (c) may
seek judicial review of the decision. Judicial review under this
subsection shall be conducted in the manner provided for judicial
review of a contested case under Subchapter G, Chapter 2001,
Government Code, except that the party seeking judicial review
under this section must file suit not later than the 45th day after
the date on which the division mailed the party the decision of the
hearings officer. For purposes of this subsection, the mailing
date is considered to be the fifth day after the date the decision
of the hearings officer was filed with the division.
SECTION 3. The change in law made by this Act applies only
to a suit for judicial review filed on or after the effective date
of this Act. A suit for judicial review filed before the effective
date of this Act is covered by the law as it existed on the date the
suit was filed, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2011.