Texas 2017 - 85th Regular

Texas House Bill HB2061 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Oliveira (Senate Sponsor - Hancock) H.B. No. 2061
2		-	(In the Senate - Received from the House April 24, 2017;
3		-	May 1, 2017, read first time and referred to Committee on Business &
4		-	Commerce; May 10, 2017, reported favorably by the following vote:
5		-	Yeas 7, Nays 0; May 10, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2061
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to service and filing requirements for a party seeking
12	6		judicial review in certain workers' compensation cases.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 410.253, Labor Code, is amended to read
15	9		as follows:
16	10		Sec. 410.253. SERVICE[; NOTICE]. (a) A party seeking
17	11		judicial review shall simultaneously:
18	12		(1) file a copy of the party's petition with the court;
19	13		(2) serve any opposing party to the suit; and
20	14		(3) provide a copy [written notice] of the party's
21	15		petition [suit or notice of appeal] to the division.
22	16		(b) A party may not seek judicial review under Section
23	17		410.251 unless the party has provided the copy [written notice] of
24	18		the petition [suit] to the division under Subsection (a)(3) [as
25	19		required by this section].
26	20		SECTION 2. Section 410.258, Labor Code, is amended by
27	21		amending Subsection (a) and adding Subsections (a-1), (a-2), and
28	22		(a-3) to read as follows:
29	23		(a) The party who initiated a proceeding under this
30	24		subchapter or Subchapter G must file any proposed judgment or
31	25		settlement [made by the parties to the proceeding], including a
32	26		proposed default judgment or proposed agreed judgment, with the
33	27		division not later than the 30th day before the date on which the
34	28		court is scheduled to enter the judgment or approve the
35	29		settlement.
36	30		(a-1) If the terms of the proposed settlement or proposed
37	31		agreed judgment, including all payments to be made, are not
38	32		described in the proposed settlement or proposed agreed judgment,
39	33		the party must also file with the division at the time of filing the
40	34		proposed settlement or proposed agreed judgment a separate document
41	35		that fully describes the terms of the proposed settlement or
42	36		proposed agreed judgment.
43	37		(a-2) The proposed [judgment or] settlement or proposed
44	38		agreed judgment and any separate document described by Subsection
45	39		(a-1) must be mailed to the division by certified mail, return
46	40		receipt requested.
47	41		(a-3) The separate document filed with the division under
48	42		Subsection (a-1) is not subject to disclosure under Chapter 552,
49	43		Government Code.
50	44		SECTION 3. Section 410.253, Labor Code, as amended by this
51	45		Act, applies to a petition for judicial review filed on or after the
52	46		effective date of this Act.
53	47		SECTION 4. Section 410.258, Labor Code, as amended by this
54	48		Act, applies to a proposed judgment or settlement related to a
55	49		proceeding under Subchapter F or G, Chapter 410, Labor Code,
56	50		initiated on or after the effective date of this Act.
57	51		SECTION 5. This Act takes effect September 1, 2017.
58		-	* * * * *
	52	+	______________________________ ______________________________
	53	+	President of the Senate Speaker of the House
	54	+	I certify that H.B. No. 2061 was passed by the House on April
	55	+	20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not
	56	+	voting.
	57	+	______________________________
	58	+	Chief Clerk of the House
	59	+	I certify that H.B. No. 2061 was passed by the Senate on May
	60	+	12, 2017, by the following vote: Yeas 31, Nays 0.
	61	+	______________________________
	62	+	Secretary of the Senate
	63	+	APPROVED: _____________________
	64	+	Date
	65	+	_____________________
	66	+	Governor