| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 404.109, Labor Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | Sec. 404.109. INJURED EMPLOYEE RIGHTS; NOTICE. (a) The |
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| 13 | 13 | | public counsel shall adopt, in the form and manner prescribed by the |
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| 14 | 14 | | public counsel and after consultation with the commissioner of |
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| 15 | 15 | | workers' compensation, a notice of injured employee rights and |
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| 16 | 16 | | responsibilities to be distributed by the division as provided by |
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| 17 | 17 | | commissioner or commissioner of insurance rules. |
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| 18 | 18 | | (b) The notice adopted under Subsection (a) must inform an |
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| 19 | 19 | | injured employee that the employee has the right to choose a |
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| 20 | 20 | | treating doctor, including a doctor of medicine, osteopathic |
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| 21 | 21 | | medicine, optometry, dentistry, podiatry, or chiropractic who is |
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| 22 | 22 | | licensed and authorized to practice. |
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| 23 | 23 | | (c) A right or responsibility included in the notice adopted |
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| 24 | 24 | | under Subsection (a) [this section] must be consistent with the |
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| 25 | 25 | | requirements of this subtitle and division rules. |
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| 26 | 26 | | (d) This section may not be construed as establishing an |
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| 27 | 27 | | entitlement to benefits to which the claimant is not otherwise |
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| 28 | 28 | | entitled under this subtitle. |
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| 29 | | - | SECTION 2. Section 408.183(b-1), Labor Code, is amended to |
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| 30 | | - | read as follows: |
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| 31 | | - | (b-1) Notwithstanding Subsection (b), an eligible spouse |
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| 32 | | - | who remarried is eligible for death benefits for life if the |
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| 33 | | - | employee was a first responder, as defined by Section 504.055, or an |
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| 34 | | - | individual described by Section 615.003(1), Government Code, or |
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| 35 | | - | Section 501.001(5)(F) of this code, who suffered death in the |
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| 36 | | - | course and scope of employment or while providing services as a |
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| 37 | | - | volunteer. This subsection applies regardless of the date on which |
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| 38 | | - | the death of the first responder or other individual occurred. |
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| 39 | | - | SECTION 3. The public counsel of the office of injured |
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| 29 | + | SECTION 2. The public counsel of the office of injured |
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| 43 | | - | SECTION 4. The change in law made by this Act to Section |
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| 44 | | - | 408.183(b-1), Labor Code, applies only to an eligible spouse who |
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| 45 | | - | remarries on or after the effective date of this Act. An eligible |
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| 46 | | - | spouse who remarried before that date is governed by the law as it |
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| 47 | | - | existed immediately before the effective date of this Act, and the |
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| 48 | | - | former law is continued in effect for that purpose. |
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| 49 | | - | SECTION 5. This Act takes effect September 1, 2019. |
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| 33 | + | SECTION 3. This Act takes effect September 1, 2019. |
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