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.