BILL ANALYSIS S.B. 1443 By: Brown (Wilson) 5-3-95 Committee Report (Unamended) BACKGROUND Many state agencies, boards, commissions, and departments issue licenses to authorize the conduct of various business and professional activities. The Administrative Procedures Act provides the procedures for these licensing activities. Licenses issued under the Act are subject to contested case proceedings in certain instances. Upon the issuance of a license, a party in a contested case may seek judicial review of the agency's decision. The judicial review process may take several years before a party exhausts all appeals. The uncertainty of the license during this judicial review process may deny the licensee the full benefit of the license, thus effectively reducing the useful life of the license itself. PURPOSE S.B. 1443 sets forth regulations regarding the term or duration of an administrative license. 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 2001.054, Government Code, by adding Subsection (d), to provide that an administrative license remains valid unless it expires without timely application for renewal, is amended, revoked, suspended, annulled, or withdrawn, or the denial of a renewal application becomes final. Provides that the term or duration of a license is tolled during the period the license is subjected to judicial review. Provides that the term or duration of a license is not tolled if, during judicial review, the licensee engages in the activity for which the license was issued. SECTION 2. Effective date: September 1, 1995. Applicable to licenses as described that are valid and existing on effective date of act. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION SB 1443 was heard in a Public Hearing on May 3, 1995. The Chair laid out SB 1443, which was the Senate Companion to HB 3097, which was pending in committee. The Chair explained the bill. Rep. Pickett moved that the full committee adopt SB 1443, and that it be reported favorably to the full House with the recommendation that it do pass and be printed. The motion prevailed by the following vote: AYES: 7, NAYS: 0, ABSENT: 2.