1-1 By: Rosson S.B. No. 1001
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on State Affairs; May 4, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 7, Nays 0; May 4, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 COMMITTEE SUBSTITUTE FOR S.B. No. 1001 By: Rosson
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to the powers and authority of the State Office of
1-25 Administrative Hearings.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Section 2, Chapter 591, Acts of the 72nd
1-28 Legislature, Regular Session, 1991 (Article 6252-13f, Vernon's
1-29 Texas Civil Statutes), is amended to read as follows:
1-30 Sec. 2. State office of administrative hearings; chief
1-31 administrative law judge. (a) The State Office of Administrative
1-32 Hearings is a state agency under the direction of a chief
1-33 administrative law judge appointed by the governor for a two-year
1-34 term. To be eligible for appointment as chief administrative law
1-35 judge, a person must be licensed to practice law in this state,
1-36 must be board-certified in administrative law, and must have at
1-37 least five years' experience in conducting administrative hearings
1-38 under the Administrative Procedure and Texas Register Act (Article
1-39 6252-13a, Vernon's Texas Civil Statutes).
1-40 (b) The office shall conduct all administrative hearings in
1-41 contested cases under the Administrative Procedure and Texas
1-42 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)
1-43 <that are before an agency that does not employ a person whose only
1-44 duty is to preside as a hearings officer over matters related to
1-45 contested cases before the agency>.
1-46 (c) Hearings shall be conducted at a site to be designated
1-47 by the office, except when the site is specified by law or rule.
1-48 (d) The office may promulgate procedural rules to govern
1-49 hearings conducted by the office.
1-50 (e) The office may conduct hearings not governed by the
1-51 Administrative Procedure and Texas Register Act (Article 6252-13a,
1-52 Vernon's Texas Civil Statutes) at the request of other agencies.
1-53 (f) The office may provide nonbinding alternative means to
1-54 resolve disputes that are before it for administrative
1-55 adjudication.
1-56 (g) The office may contract to provide other agencies
1-57 training relating to the conduct of administrative hearings.
1-58 (h) The office may not conduct hearings in cases coming
1-59 before the Railroad Commission of Texas, the Texas Youth
1-60 Commission, or the Comptroller of Public Accounts.
1-61 SECTION 2. (a) This Act takes effect September 1, 1993, and
1-62 all administrative hearings in contested cases before other state
1-63 agencies, except the Railroad Commission of Texas, the Texas Youth
1-64 Commission, and the Comptroller of Public Accounts, shall be
1-65 transferred to the State Office of Administrative Hearings by
1-66 January 1, 1995.
1-67 (b) Prior to January 1, 1995, the State Office of
1-68 Administrative Hearings may by interagency contract arrange to
2-1 conduct hearings on contested cases for any other state agency that
2-2 requests the office to conduct its hearings.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
2-8 * * * * *
2-9 Austin,
2-10 Texas
2-11 May 4, 1993
2-12 Hon. Bob Bullock
2-13 President of the Senate
2-14 Sir:
2-15 We, your Committee on State Affairs to which was referred S.B. No.
2-16 1001, have had the same under consideration, and I am instructed to
2-17 report it back to the Senate with the recommendation that it do not
2-18 pass, but that the Committee Substitute adopted in lieu thereof do
2-19 pass and be printed.
2-20 Harris of
2-21 Dallas, Chairman
2-22 * * * * *
2-23 WITNESSES
2-24 FOR AGAINST ON
2-25 ___________________________________________________________________
2-26 Name: Steven Martin x
2-27 Representing: State Office of Admin Hearings
2-28 City: Austin
2-29 -------------------------------------------------------------------
2-30 Name: Neil Nichols x
2-31 Representing: Texas Youth Commission
2-32 City: Austin
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