| 1 | | - | H.B. No. 1752 |
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| 1 | + | By: Oliverson, Thierry H.B. No. 1752 |
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| 2 | + | (Senate Sponsor - Schwertner) |
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| 3 | + | (In the Senate - Received from the House May 3, 2021; |
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| 4 | + | May 4, 2021, read first time and referred to Committee on Business & |
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| 5 | + | Commerce; May 13, 2021, reported favorably by the following vote: |
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| 6 | + | Yeas 8, Nays 0; May 13, 2021, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 4 | 11 | | AN ACT |
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| 5 | 12 | | relating to benefit review conferences under the Texas workers' |
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| 6 | 13 | | compensation system. |
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| 7 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 15 | | SECTION 1. The heading to Section 410.005, Labor Code, is |
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| 9 | 16 | | amended to read as follows: |
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| 10 | 17 | | Sec. 410.005. CONDUCTING [VENUE FOR] ADMINISTRATIVE |
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| 11 | 18 | | PROCEEDINGS. |
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| 12 | 19 | | SECTION 2. Section 410.005, Labor Code, is amended by |
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| 13 | 20 | | amending Subsections (a) and (d) and adding Subsection (e) to read |
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| 14 | 21 | | as follows: |
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| 15 | 22 | | (a) Unless the division determines that good cause exists |
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| 16 | 23 | | for the selection of a different location, [a benefit review |
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| 17 | 24 | | conference or] a contested case hearing may not be conducted at a |
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| 18 | 25 | | site more than 75 miles from the claimant's residence at the time of |
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| 19 | 26 | | the injury. |
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| 20 | 27 | | (d) The [Notwithstanding Subsection (a), the] division may |
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| 21 | 28 | | conduct a benefit review conference: |
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| 22 | 29 | | (1) telephonically; |
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| 23 | 30 | | (2) by videoconference; or |
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| 24 | 31 | | (3) in person, on showing of good cause as determined |
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| 25 | 32 | | by the division [on agreement by the injured employee]. |
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| 26 | 33 | | (e) Unless the division determines that good cause exists |
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| 27 | 34 | | for the selection of a different location, a benefit review |
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| 28 | 35 | | conference conducted in person under Subsection (d)(3) may not be |
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| 29 | 36 | | conducted at a site more than 75 miles from the claimant's residence |
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| 30 | 37 | | at the time of the injury. |
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| 31 | 38 | | SECTION 3. Section 410.005, Labor Code, as amended by this |
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| 32 | 39 | | Act, applies to a benefit review conference requested on or after |
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| 33 | 40 | | the effective date of this Act. A benefit review conference |
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| 34 | 41 | | requested before the effective date of this Act is governed by the |
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| 35 | 42 | | law in effect on the date the benefit review conference was |
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| 36 | 43 | | requested, and the former law is continued in effect for that |
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| 37 | 44 | | purpose. |
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| 38 | 45 | | SECTION 4. This Act takes effect immediately if it receives |
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| 39 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 49 | | Act takes effect September 1, 2021. |
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| 43 | | - | ______________________________ ______________________________ |
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| 44 | | - | President of the Senate Speaker of the House |
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| 45 | | - | I certify that H.B. No. 1752 was passed by the House on April |
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| 46 | | - | 29, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not |
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| 47 | | - | voting. |
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| 48 | | - | ______________________________ |
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| 49 | | - | Chief Clerk of the House |
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| 50 | | - | I certify that H.B. No. 1752 was passed by the Senate on May |
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| 51 | | - | 19, 2021, by the following vote: Yeas 31, Nays 0. |
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| 52 | | - | ______________________________ |
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| 53 | | - | Secretary of the Senate |
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| 54 | | - | APPROVED: _____________________ |
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| 55 | | - | Date |
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| 56 | | - | _____________________ |
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| 57 | | - | Governor |
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| 50 | + | * * * * * |
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