BILL ANALYSIS C.S.H.B. 584 By: Madden May 6, 1995 Committee Report (Substituted) BACKGROUND The use of material accumulated during the course of another state agency's investigatory process should not be considered irrefutable evidence of wrongdoing unless there is independent corroboration of that documentation. When the Texas State Bar has a hearing to determine if someone is qualified to practice law and that determination hinges on the Texas Employment Commission documents submitted by a party that is alleging character deficiencies, this could be considered improper use of the materials accumulated by the investigating entity (TEC). PURPOSE The purpose is to restrict the admissibility of Texas Employment Commission evidence by any agency other than the Texas Employment Commission. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 213.007, Labor Code, by including an administrative proceeding of a state agency other than the commission, even if the action or proceeding is between the same or related parties or involves the same facts.. SECTION 2. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill added that a person who uses such a finding of fact, conclusion of law, judgment, or final order for any purpose other than an action or proceeding brought under this subtitle is responsible for proving the accuracy of the finding, conclusion, judgment, or order. The substitute removes the language added in the original bill. The substitute adds that evidence may not be used in an action or proceeding, including an administrative proceeding of a state agency other than the commission, even if the action or proceeding is between the same or related parties or involves the same facts. SUMMARY OF COMMITTEE ACTION H.B. 584 was considered by the committee in a public hearing on April 18, 1995. Testifying on the bill was Ed Davis, representing the Texas Employment Commission. Testifying in favor of the bill was Sue Higgins, representing herself. Testifying against the bill was Chris Knepp, representing the Texas Employment Law Council. H.B. 584 was referred to a subcommittee consisting of Representatives Shields (Chair), Moffat, Yarbrough. H.B. 584 was considered by the subcommittee in a formal meeting on April 25, 1995. The subcommittee considered a complete substitute for H.B. 584. The substitute to H.B. 584 was reported favorably to the full committee without objection. H.B. 584 was considered by the committee in a public hearing on May 1, 1995. The committee considered a complete substitute to H.B. 584. H.B. 584 was left pending in committee. H.B. 584 was reconsidered by the committee in a formal meeting on May 5, 1995. The substitute was adopted without objection. H.B 584 was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 6 ayes 0 nays, 0 pnv, 3 absent.