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
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   2-30  Name:  Neil Nichols                                            x
   2-31  Representing:  Texas Youth Commission
   2-32  City:  Austin
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