Enrolled Bill Summary

            Existing law authorizes an administrative law judge of the State Office of Hearing Examiners (SOAH) to impose sanctions in contested cases heard on behalf of the Texas Natural Resource Conservation Commission (TNRCC) or the Public Utility Commission of Texas. Sanctions may be imposed against a party or a party's representative for filing a motion or pleading that is groundless and is brought in bad faith, for the purpose of harassment, or for other improper purposes. Sanctions may also be imposed for abuse of the discovery process or failure to obey an order of the judge or agency. Senate Bill 331 grants the same authority to SOAH administrative law judges or temporary administrative law judges who hear contested cases on behalf of other client agencies. The types of sanctions available are the same as those that apply in the case of the TNRCC. The act removes an agency's authority to review a judge's hearing or prehearing orders, including orders imposing sanctions. Those provisions take effect September 1, 1997.

            Effective January 1, 1998, the act directs the chief administrative law judge to adopt rules of procedure, including discovery procedures, to be used in SOAH hearings. Notwithstanding other law, procedural rules of client agencies govern SOAH hearing procedures only to the extent that the rules of the chief administrative law judge adopt the agency rules by reference.