Tex. Labor Code Section 401.021
Application of Other Acts


Except as otherwise provided by this subtitle:

(1)

a proceeding, hearing, judicial review, or enforcement of a commissioner order, decision, or rule is governed by the following subchapters and sections of Chapter 2001 (Administrative Procedure), Government Code:

(A)

Subchapters A, B, D, E, G, and H, excluding Sections 2001.004 (Requirement to Adopt Rules of Practice and Index Rules, Orders, and Decisions)(3) and 2001.005 (Rule, Order, or Decision Not Effective Until Indexed);

(B)

Sections 2001.051 (Opportunity for Hearing and Participation; Notice of Hearing), 2001.052 (Contents of Notice), and 2001.053 (Right to Counsel);

(C)

Sections 2001.056 (Informal Disposition of Contested Case) through 2001.062 (Examination of Record by State Agency; Proposal for Decision); and

(D)

Section 2001.141 (Form of Decision; Findings of Fact and Conclusions of Law)(c);

(2)

a proceeding, hearing, judicial review, or enforcement of a commissioner order, decision, or rule is governed by Subchapters A and B, Chapter 2002 (Texas Register and Administrative Code), Government Code, excluding Sections 2002.001 (Definitions)(3) and 2002.023 (Exceptions);

(3)

Chapter 551 (Open Meetings), Government Code, applies to a proceeding under this subtitle, other than:

(A)

a benefit review conference;

(B)

a contested case hearing;

(C)

a proceeding of the appeals panel;

(D)

arbitration; or

(E)

another proceeding involving a determination on a workers’ compensation claim; and

(4)

Chapter 552 (Public Information), Government Code, applies to a workers’ compensation record of the division, the department, or the office of injured employee counsel.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.92, 5.95(82), (88), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.005, eff. September 1, 2005.

Source: Section 401.021 — Application of Other Acts, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­401.­htm#401.­021 (accessed May 11, 2024).

Accessed:
May 11, 2024

§ 401.021’s source at texas​.gov