| 1 | 1 | | 85R6529 KKR-F |
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| 2 | 2 | | By: Hughes S.B. No. 1190 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to judicial review of certain decisions under the Texas |
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| 8 | 8 | | Workers' Compensation Act. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 415.035, Labor Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | Sec. 415.035. JUDICIAL REVIEW. [(a)] A decision under |
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| 13 | 13 | | Section 415.034 is subject to judicial review in the manner |
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| 14 | 14 | | provided for judicial review under Chapter 2001, Government Code. |
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| 15 | 15 | | [(b) If an administrative penalty is assessed, the person |
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| 16 | 16 | | charged shall: |
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| 17 | 17 | | [(1) forward the amount of the penalty to the division |
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| 18 | 18 | | for deposit in an escrow account; or |
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| 19 | 19 | | [(2) post with the division a bond for the amount of |
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| 20 | 20 | | the penalty, effective until all judicial review of the |
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| 21 | 21 | | determination is final. |
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| 22 | 22 | | [(c) Failure to comply with Subsection (b) results in a |
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| 23 | 23 | | waiver of all legal rights to contest the violation or the amount of |
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| 24 | 24 | | the penalty. |
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| 25 | 25 | | [(d) If the court determines that the penalty should not |
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| 26 | 26 | | have been assessed or reduces the amount of the penalty, the |
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| 27 | 27 | | division shall: |
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| 28 | 28 | | [(1) remit the appropriate amount, plus accrued |
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| 29 | 29 | | interest, if the administrative penalty was paid; or |
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| 30 | 30 | | [(2) release the bond.] |
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| 31 | 31 | | SECTION 2. Section 415.035, Labor Code, as amended by this |
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| 32 | 32 | | Act, applies only to judicial review of a decision issued on or |
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| 33 | 33 | | after the effective date of this Act. Judicial review of a decision |
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| 34 | 34 | | issued before the effective date of this Act is governed by the law |
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| 35 | 35 | | in effect on the date the decision was issued, and the former law is |
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| 36 | 36 | | continued in effect for that purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2017. |
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