89R4374 RDS-F
By: Eckhardt S.B. No. 423
A BILL TO BE ENTITLED
AN ACT
relating to conducting certain contested case hearings under the
Texas workers' compensation system by remote communication.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 410.005(a), Labor Code, is amended to
read as follows:
(a) Subject to Section 410.0055, unless [Unless] the
division determines that good cause exists for the selection of a
different location, 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.
SECTION 2. Subchapter A, Chapter 410, Labor Code, is
amended by adding Section 410.0055 to read as follows:
Sec. 410.0055. CONDUCTING CERTAIN CONTESTED CASE HEARINGS
BY REMOTE COMMUNICATION. (a) On mutual agreement of the parties,
the division shall conduct a contested case hearing telephonically
or by videoconference.
(b) The commissioner shall adopt rules as necessary to
implement this section, including rules providing for:
(1) the updating of any notice issued for a contested
case hearing conducted in a manner described by this section; and
(2) the publication of:
(A) system requirements for a contested case
hearing conducted by videoconference; and
(B) a tutorial video and written instruction
guide that include information in English and Spanish regarding how
to electronically submit motions and evidence before a contested
case hearing conducted in a manner described by this section.
SECTION 3. As soon as practicable after the effective date
of this Act, the commissioner of workers' compensation shall adopt
rules to implement Section 410.0055, Labor Code, as added by this
Act.
SECTION 4. Section 410.0055, Labor Code, as added by this
Act, applies to a contested case hearing requested on or after the
effective date of this Act. A contested case hearing requested
before the effective date of this Act is governed by the law in
effect on the date the contested case hearing was requested, and the
former law is continued in effect for that purpose.
SECTION 5. 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, 2025.