LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
74th Regular Session
April 11, 1995
TO: Honorable Curtis Seidlits, Chair IN RE: House Bill No. 812
Committee on State Affairs By: Duncan
House of Representatives
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on House Bill No.
812 (Relating to procedures before administrative agencies.) this
office has determined the following:
The bill would make no appropriation but could provide the legal
basis for an appropriation of funds to implement the provisions
of the bill.
The bill would change certain procedures agencies must follow to
adopt rules, and substitutes discovery as allowed under the Texas
Rules of Civil Procedure for the methods of discovery now allowed
under the Administrative Procedure Act. The bill would provide
for the consolidation of statutory language concerning the
issuance of subpoenas for witnesses and the reimbursement of
those witnesses for certain expenses. Currently witnesses
testifying before state agency administrative proceedings receive
ten cents per mile and ten dollars per day plus expenses. This
would be amended to allow the mileage and per diem allowed for
state employees.
The bill also provides that a decision or order that may become
final and is adverse to a party in a contested case would have to
be in writing. The bill would require notification by first
class or certified mail of any decision or order. A person
initiating judicial review in a contested case would be required
to serve the agency with citation and a copy of the petition.
No fiscal implication to units of local government is
anticipated.
The fiscal implication to the State cannot be determined.
Source: Office of the Attorney General, Comptroller of Public
Accounts,
Natural Resources Conservation
Commission
LBB Staff: JK, DC, DF