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.