| 1 | 1 | | 89R1214 RDS-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 67 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to conducting certain contested case hearings under the |
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| 10 | 10 | | Texas workers' compensation system by videoconference. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 410.005(a), Labor Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) A [Unless the division determines that good cause |
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| 15 | 15 | | exists for the selection of a different location, a] contested case |
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| 16 | 16 | | hearing may not be conducted at a site more than 75 miles from the |
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| 17 | 17 | | claimant's residence at the time of the injury unless: |
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| 18 | 18 | | (1) the division determines that good cause exists for |
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| 19 | 19 | | the selection of a different location; or |
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| 20 | 20 | | (2) the contested case hearing is conducted by |
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| 21 | 21 | | videoconference as provided by Section 410.0055. |
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| 22 | 22 | | SECTION 2. Subchapter A, Chapter 410, Labor Code, is |
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| 23 | 23 | | amended by adding Section 410.0055 to read as follows: |
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| 24 | 24 | | Sec. 410.0055. CONDUCTING CERTAIN CONTESTED CASE HEARINGS |
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| 25 | 25 | | BY VIDEOCONFERENCE. (a) In this section, "custodial officer," |
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| 26 | 26 | | "detention officer," "emergency medical technician," |
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| 27 | 27 | | "firefighter," and "peace officer" have the meanings assigned by |
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| 28 | 28 | | Section 607.051, Government Code. |
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| 29 | 29 | | (b) The division shall conduct a contested case hearing by |
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| 30 | 30 | | videoconference on request of: |
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| 31 | 31 | | (1) the claimant, if: |
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| 32 | 32 | | (A) the claim relates to an injury incurred by |
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| 33 | 33 | | the claimant in the course and scope of the claimant's employment or |
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| 34 | 34 | | volunteer service as a custodial officer, detention officer, |
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| 35 | 35 | | emergency medical technician, firefighter, or peace officer; or |
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| 36 | 36 | | (B) the claimant resides more than 75 miles from |
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| 37 | 37 | | the hearing site at the time of the hearing; or |
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| 38 | 38 | | (2) the insurance carrier, if the insurance carrier |
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| 39 | 39 | | is: |
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| 40 | 40 | | (A) the State Office of Risk Management; |
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| 41 | 41 | | (B) The Texas A&M University System; |
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| 42 | 42 | | (C) the Texas Department of Transportation; or |
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| 43 | 43 | | (D) The University of Texas System. |
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| 44 | 44 | | SECTION 3. The changes in law made by this Act apply only to |
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| 45 | 45 | | a contested case hearing requested on or after the effective date of |
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| 46 | 46 | | this Act. A contested case hearing requested before the effective |
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| 47 | 47 | | date of this Act is governed by the law in effect on the date the |
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| 48 | 48 | | contested case hearing was requested, and the former law is |
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| 49 | 49 | | continued in effect for that purpose. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2025. |
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