BILL ANALYSIS


                                                        S.B. 1414
                                                       By: Harris
                                                    State Affairs
                                                         04-04-95
                                       Committee Report (Amended)
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-month delays in the period between the filing for a hearing and the
actual hearing.

PURPOSE

As proposed, S.B. 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5.43, Alcoholic Beverage Code, as
follows:

     Sec. 5.43.  WHO MAY HOLD HEARING; RULES OF EVIDENCE.  (a) 
     Provides that except for a hearing on the adoption of Texas
     Alcoholic Beverage Commission (commission) rules, or a hearing
     on an employment matter, the commission designates the State
     Office of Administrative Hearings (office) 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.
     
     (b)  Makes a nonsubstantive change.
       
       SECTION 2.   Emergency clause.
           Effective date: upon passage.