Bill Caption

Relating to judicial review of certain decisions under the Texas Workers’ Compensation Act.

Fiscal Notes

Bill Analysis

HB 1456 would amend the Labor Code related to the judicial review of a decision made in a procedure regarding an administrative penalty under the Texas Worker's Compensation Act. Under current law, if an administrative penalty is assessed the person charged is required to pay the Texas Department of Insurance Division of Worker's Compensation, or to post bond for the amount of the penalty pending judicial review. A failure to forward the administrative penalty or post bond results in a waiver of all legal rights to contest the violation or the amount of the penalty.

If this bill passes, it would repeal those proceedings for an assessed administrative penalty following judicial review in a workers’ compensation administrative violation case.

Vote Recommendation Notes

The current requirements are overly onerous and could potentially cause undue financial hardship on someone. Repealing this portion of the code satisfies our commitment to limited government by limiting the state's power to force someone to pay a penalty that is under a judicial review. We support HB 1456.