87R9508 JSC-F
By: Oliverson, Thierry H.B. No. 1752
A BILL TO BE ENTITLED
AN ACT
relating to benefit review conferences under the Texas workers'
compensation system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 410.005, Labor Code, is
amended to read as follows:
Sec. 410.005. CONDUCTING [VENUE FOR] ADMINISTRATIVE
PROCEEDINGS.
SECTION 2. Section 410.005, Labor Code, is amended by
amending Subsections (a) and (d) and adding Subsection (e) to read
as follows:
(a) Unless the division determines that good cause exists
for the selection of a different location, [a benefit review
conference or] a contested case hearing may not be conducted at a
site more than 75 miles from the claimant's residence at the time of
the injury.
(d) The [Notwithstanding Subsection (a), the] division may
conduct a benefit review conference:
(1) telephonically;
(2) by videoconference; or
(3) in person, on showing of good cause as determined
by the division [on agreement by the injured employee].
(e) Unless the division determines that good cause exists
for the selection of a different location, a benefit review
conference conducted in person under Subsection (d)(3) may not be
conducted at a site more than 75 miles from the claimant's residence
at the time of the injury.
SECTION 3. Section 410.005, Labor Code, as amended by this
Act, applies to a benefit review conference requested on or after
the effective date of this Act. A benefit review conference
requested before the effective date of this Act is governed by the
law in effect on the date the benefit review conference was
requested, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.