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.
1-55 * * * * *