BILL ANALYSIS



S.B. 1414
By: Harris, Chris (Yarbrough)
4-26-95
Committee Report (Unamended)


BACKGROUND

All hearings on suspension or cancellation of a license or permit
are required to be conducted by the State Office of Administrative
Hearings.  The workload of the office has led to three to four
months delay in the period between the filing for a hearing and the
actual hearing.

PURPOSE

SB 1414 authorizes the State Office of Administrative Hearings to
hear or delegate the hearing of certain administrative hearings
related to the Alcoholic Beverage Code.


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 5.43, Alcoholic Beverage Code.

Sec. 5.43.  WHO MAY HOLD HEARING; RULES OF EVIDENCE.  Provides that
except for a hearing on the adoption of TABC rules, or a hearing on
an employment matter, the commission designates the State Office of
Administrative Hearings to conduct and make a record of any hearing
authorized by this code.  Requires the office to assign an
administrative law judge or may contract with a qualified
individual within five days and set a hearing as soon as possible,
if the commission declares a hearing to be an emergency.

SECTION 2.  Emergency clause.  Effective date:  upon passage.

SUMMARY OF COMMITTEE ACTION

SB 1414 was heard in a Public Hearing on April 26, 1995.  The Chair
laid out SB 1414, and recognized the House Sponsor, Rep. Yarbrough
to explain the bill.  The Chair recognized the following person to
testify as a Resource witness, registering neutral on the bill:
     Mr. Randy Yarbrough, Asst. Admin., TABC;
The Chair recognized Rep. Yarbrough to close.  Rep. Pickett moved
that the full committee adopt SB 1414, and that it be reported
favorably to the full House with the recommendation that it do pass
and be printed, and placed on the Local and Consent Calendar.  The
motion prevailed by the following vote:  AYES: 5, NAYS: 0, ABSENT:
4.