Bill Text: TX HB2314 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to filing death benefits claims under the workers' compensation system.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-10 - Effective immediately [HB2314 Detail]
Download: Texas-2023-HB2314-Enrolled.html
| H.B. No. 2314 | ||
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| relating to filing death benefits claims under the workers' | ||
| compensation system. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 408.182(d-2), Labor Code, is amended to | ||
| read as follows: | ||
| (d-2) Except as otherwise provided by this subsection, to be | ||
| eligible to receive death benefits under Subsection (d-1), an | ||
| eligible parent must file with the division or insurance carrier a | ||
| claim for those benefits not later than the first anniversary of the | ||
| date of the injured employee's death from the compensable injury. | ||
| The claim must designate all eligible parents and necessary | ||
| information for payment to the eligible parents. The insurance | ||
| carrier is not liable for payment to any eligible parent not | ||
| designated on the claim. Failure to file a claim in the time | ||
| required bars the claim unless good cause exists for the failure to | ||
| file a claim under this section. | ||
| SECTION 2. Section 409.007, Labor Code, is amended by | ||
| amending Subsection (a) and adding Subsection (d) to read as | ||
| follows: | ||
| (a) A person must file a claim for death benefits with the | ||
| division or insurance carrier not later than the first anniversary | ||
| of the date of the employee's death. | ||
| (d) If a person files a claim for death benefits with an | ||
| insurance carrier, at the time the carrier receives the claim the | ||
| carrier shall, in the form and manner prescribed by the division: | ||
| (1) create and maintain a record documenting receipt | ||
| of the claim; and | ||
| (2) provide written notice to the division that the | ||
| person filed the claim. | ||
| SECTION 3. The commissioner of worker's compensation shall | ||
| adopt rules as necessary to implement the changes in law made by | ||
| this Act. | ||
| SECTION 4. The changes in law made by this Act apply to a | ||
| claim for death benefits filed on or after the effective date of | ||
| this Act. A claim for death benefits filed before that date is | ||
| covered by the law in effect on the date the claim was filed, 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2314 was passed by the House on April | ||
| 13, 2023, by the following vote: Yeas 147, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2314 was passed by the Senate on May | ||
| 19, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
