| 1 | 1 | | 88R13460 RDS-F |
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| 2 | 2 | | By: Isaac H.B. No. 4214 |
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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 conducting certain contested case hearings under the |
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| 8 | 8 | | Texas workers' compensation system by remote communication. |
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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 410.005(a), Labor Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) Subject to Section 410.0055, unless [Unless] the |
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| 13 | 13 | | division determines that good cause exists for the selection of a |
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| 14 | 14 | | different location, a contested case hearing may not be conducted |
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| 15 | 15 | | at a site more than 75 miles from the claimant's residence at the |
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| 16 | 16 | | time of the injury. |
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| 17 | 17 | | SECTION 2. Subchapter A, Chapter 410, Labor Code, is |
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| 18 | 18 | | amended by adding Section 410.0055 to read as follows: |
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| 19 | 19 | | Sec. 410.0055. CONDUCTING CERTAIN CONTESTED CASE HEARINGS |
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| 20 | 20 | | BY REMOTE COMMUNICATION. (a) On mutual agreement of the parties, |
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| 21 | 21 | | the division shall conduct a contested case hearing telephonically |
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| 22 | 22 | | or by videoconference. |
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| 23 | 23 | | (b) The commissioner shall adopt rules as necessary to |
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| 24 | 24 | | implement this section, including rules providing for: |
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| 25 | 25 | | (1) the updating of any notice issued for a contested |
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| 26 | 26 | | case hearing conducted in a manner described by this section; and |
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| 27 | 27 | | (2) the publication of: |
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| 28 | 28 | | (A) system requirements for a contested case |
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| 29 | 29 | | hearing conducted by videoconference; and |
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| 30 | 30 | | (B) a tutorial video and written instruction |
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| 31 | 31 | | guide that include information in English and Spanish regarding how |
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| 32 | 32 | | to electronically submit motions and evidence before a contested |
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| 33 | 33 | | case hearing conducted in a manner described by this section. |
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| 34 | 34 | | SECTION 3. As soon as practicable after the effective date |
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| 35 | 35 | | of this Act, the commissioner of workers' compensation shall adopt |
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| 36 | 36 | | rules to implement Section 410.0055, Labor Code, as added by this |
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| 37 | 37 | | Act. |
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| 38 | 38 | | SECTION 4. Section 410.0055, Labor Code, as added by this |
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| 39 | 39 | | Act, applies to a contested case hearing requested on or after the |
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| 40 | 40 | | effective date of this Act. A contested case hearing requested |
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| 41 | 41 | | before the effective date of this Act is governed by the law in |
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| 42 | 42 | | effect on the date the contested case hearing was requested, and the |
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| 43 | 43 | | former law is continued in effect for that purpose. |
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| 44 | 44 | | SECTION 5. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2023. |
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