| 1 | 1 | | By: Hancock S.B. No. 876 |
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| 2 | 2 | | (In the Senate - Filed February 14, 2017; February 28, 2017, |
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| 3 | 3 | | read first time and referred to Committee on Business & Commerce; |
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| 4 | 4 | | April 12, 2017, reported favorably by the following vote: Yeas 9, |
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| 5 | 5 | | Nays 0; April 12, 2017, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to service and filing requirements for a party seeking |
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| 12 | 12 | | judicial review in certain workers' compensation cases. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 410.253, Labor Code, is amended to read |
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| 15 | 15 | | as follows: |
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| 16 | 16 | | Sec. 410.253. SERVICE[; NOTICE]. (a) A party seeking |
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| 17 | 17 | | judicial review shall simultaneously: |
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| 18 | 18 | | (1) file a copy of the party's petition with the court; |
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| 19 | 19 | | (2) serve any opposing party to the suit; and |
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| 20 | 20 | | (3) provide a copy [written notice] of the party's |
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| 21 | 21 | | petition [suit or notice of appeal] to the division. |
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| 22 | 22 | | (b) A party may not seek judicial review under Section |
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| 23 | 23 | | 410.251 unless the party has provided the copy [written notice] of |
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| 24 | 24 | | the petition [suit] to the division under Subsection (a)(3) [as |
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| 25 | 25 | | required by this section]. |
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| 26 | 26 | | SECTION 2. Section 410.258, Labor Code, is amended by |
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| 27 | 27 | | amending Subsection (a) and adding Subsections (a-1), (a-2), and |
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| 28 | 28 | | (a-3) to read as follows: |
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| 29 | 29 | | (a) The party who initiated a proceeding under this |
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| 30 | 30 | | subchapter or Subchapter G must file any proposed judgment or |
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| 31 | 31 | | settlement [made by the parties to the proceeding], including a |
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| 32 | 32 | | proposed default judgment or proposed agreed judgment, with the |
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| 33 | 33 | | division not later than the 30th day before the date on which the |
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| 34 | 34 | | court is scheduled to enter the judgment or approve the settlement. |
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| 35 | 35 | | (a-1) If the terms of the proposed settlement or proposed |
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| 36 | 36 | | agreed judgment, including all payments to be made, are not |
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| 37 | 37 | | described in the proposed settlement or proposed agreed judgment, |
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| 38 | 38 | | the party must also file with the division at the time of filing the |
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| 39 | 39 | | proposed settlement or proposed agreed judgment a separate document |
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| 40 | 40 | | that fully describes the terms of the proposed settlement or |
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| 41 | 41 | | proposed agreed judgment. |
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| 42 | 42 | | (a-2) The proposed [judgment or] settlement or proposed |
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| 43 | 43 | | agreed judgment and any separate document described by Subsection |
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| 44 | 44 | | (a-1) must be mailed to the division by certified mail, return |
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| 45 | 45 | | receipt requested. |
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| 46 | 46 | | (a-3) The separate document filed with the division under |
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| 47 | 47 | | Subsection (a-1) is not subject to disclosure under Chapter 552, |
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| 48 | 48 | | Government Code. |
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| 49 | 49 | | SECTION 3. Section 410.253, Labor Code, as amended by this |
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| 50 | 50 | | Act, applies to a petition for judicial review filed on or after the |
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| 51 | 51 | | effective date of this Act. |
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| 52 | 52 | | SECTION 4. Section 410.258, Labor Code, as amended by this |
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| 53 | 53 | | Act, applies to a proposed judgment or settlement related to a |
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| 54 | 54 | | proceeding under Subchapter F or G, Chapter 410, Labor Code, |
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| 55 | 55 | | initiated on or after the effective date of this Act. |
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| 56 | 56 | | SECTION 5. This Act takes effect September 1, 2017. |
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| 57 | 57 | | * * * * * |
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