85R5419 JSC-F
By: Oliveira H.B. No. 2061
A BILL TO BE ENTITLED
AN ACT
relating to service and filing requirements for a party seeking
judicial review in certain workers' compensation cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 410.253, Labor Code, is amended to read
as follows:
Sec. 410.253. SERVICE[; NOTICE]. (a) A party seeking
judicial review shall simultaneously:
(1) file a copy of the party's petition with the court;
(2) serve any opposing party to the suit; and
(3) provide a copy [written notice] of the party's
petition [suit or notice of appeal] to the division.
(b) A party may not seek judicial review under Section
410.251 unless the party has provided the copy [written notice] of
the petition [suit] to the division under Subsection (a)(3) [as
required by this section].
SECTION 2. Section 410.258, Labor Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), and
(a-3) to read as follows:
(a) The party who initiated a proceeding under this
subchapter or Subchapter G must file any proposed judgment or
settlement [made by the parties to the proceeding], including a
proposed default judgment or proposed agreed judgment, with the
division not later than the 30th day before the date on which the
court is scheduled to enter the judgment or approve the
settlement.
(a-1) If the terms of the proposed settlement or proposed
agreed judgment, including all payments to be made, are not
described in the proposed settlement or proposed agreed judgment,
the party must also file with the division at the time of filing the
proposed settlement or proposed agreed judgment a separate document
that fully describes the terms of the proposed settlement or
proposed agreed judgment.
(a-2) The proposed [judgment or] settlement or proposed
agreed judgment and any separate document described by Subsection
(a-1) must be mailed to the division by certified mail, return
receipt requested.
(a-3) The separate document filed with the division under
Subsection (a-1) is not subject to disclosure under Chapter 552,
Government Code.
SECTION 3. Section 410.253, Labor Code, as amended by this
Act, applies to a petition for judicial review filed on or after the
effective date of this Act.
SECTION 4. Section 410.258, Labor Code, as amended by this
Act, applies to a proposed judgment or settlement related to a
proceeding under Subchapter F or G, Chapter 410, Labor Code,
initiated on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2017.