88R13460 RDS-F
	By: Isaac	H.B. No. 4214

	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, 2023.

Statutes affected:
Introduced: Labor Code 410.005 (Labor Code 410)
House Committee Report: Labor Code 410.005 (Labor Code 410)
Engrossed: Labor Code 410.005 (Labor Code 410)