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.