1-1  By:  Harris                                           S.B. No. 1414
    1-2        (In the Senate - Filed March 13, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 4, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 13, Nays 0; April 4, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                               By:  Rosson
    1-7        (1)  Amend S.B. No. 1414, SECTION 1, Section 5.43, Subsection
    1-8  (a) (page 1, line 12, introduced version; committee printing page
    1-9  1, line 32), by adding the following sentence after ".":
   1-10        If the commission or administrator declares a hearing to be
   1-11  an emergency, the State Office of Administrative Hearings shall
   1-12  assign an administrative law judge or may contract with a qualified
   1-13  individual within five days and set a hearing as soon as possible.
   1-14        (2)  Amend S.B. No. 1414, SECTION 1, Section 5.43, Subsection
   1-15  (a), by reinserting the language struck on lines 8 through 10 of
   1-16  page 1 (committee printing page 1, lines 28-30).
   1-17        (3)  Amend S.B. No. 1414, SECTION 1, Section 5.43 (page 1,
   1-18  lines 13 through 19; committee printing page 1, lines 33-39), by
   1-19  striking Subsection (b) and relettering accordingly.
   1-20                         A BILL TO BE ENTITLED
   1-21                                AN ACT
   1-22  relating to administrative hearings under the Alcoholic Beverage
   1-23  Code.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 5.43, Alcoholic Beverage Code, is amended
   1-26  to read as follows:
   1-27        Sec. 5.43.  Who May Hold Hearing; Rules of Evidence.
   1-28  (a)  Except as provided by Subsection (b) <for a hearing held under
   1-29  Section 61.32 of this code, a hearing on the adoption of commission
   1-30  rules, or a hearing on an employment matter>, the commission
   1-31  designates the State Office of Administrative Hearings to conduct
   1-32  and make a record of any hearing authorized by this code.
   1-33        (b)  Subsection (a) does not apply:
   1-34              (1)  to a hearing held under Section 61.32, a hearing
   1-35  on the adoption of commission rules, or a hearing on an employment
   1-36  matter; or
   1-37              (2)  if the commission or administrator contracts with
   1-38  a qualified individual to conduct and make a record of any hearing
   1-39  authorized by this code.
   1-40        (c)  The commission or administrator may render a decision on
   1-41  the basis of the record or the proposal for decision if one is
   1-42  required under the administrative procedure law, Chapter 2001,
   1-43  Government Code, <the Administrative Procedure and Texas Register
   1-44  Act (Article 6252-13a, Vernon's Texas Civil Statutes)> as if the
   1-45  administrator or entire commission had conducted the hearing.  The
   1-46  commission may prescribe its rules of procedure for cases not heard
   1-47  by the State Office of Administrative Hearings.
   1-48        SECTION 2.  The importance of this legislation and the
   1-49  crowded condition of the calendars in both houses create an
   1-50  emergency and an imperative public necessity that the
   1-51  constitutional rule requiring bills to be read on three several
   1-52  days in each house be suspended, and this rule is hereby suspended,
   1-53  and that this Act take effect and be in force from and after its
   1-54  passage, and it is so enacted.
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