Amend SB 332 as follows:
(1) Strike SECTION 1 of the bill and substitute the
following:
SECTION 1. Section 2001.058, Government Code, is amended by
amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) A state agency may change a finding of fact or
conclusion of law made by the administrative law judge, or may
vacate or modify an order issued by the administrative judge, only
if the agency determines:
(1) that the administrative law judge did not properly
apply or interpret applicable law, agency rules, or prior
administrative decisions; or
(2) that a prior administrative decision on which the
administrative law judge relied is incorrect or should be changed
<for reasons of policy>.
The agency shall state in writing the specific reason and
legal basis for a change made under this subsection.
(f) A state agency by rule may provide that in a contested
case before the agency that concerns licensing in relation to an
occupational license and that is not disposed of by stipulation,
agreed settlement, or consent order, the administrative law judge
shall render the final decision in the contested case. If a state
agency adopts such a rule, the following provisions apply to
contested cases covered by the rule:
(1) the administrative law judge shall render the
decision that may become final under Section 2001.144 not later
than the 60th day after the latter of the date on which the hearing
is finally closed or the date by which the judge has ordered all
briefs, reply briefs, and other posthearing documents to be filed,
and the 60-day period may be extended only with the consent of all
parties, including the occupational licensing agency;
(2) the administrative law judge shall include in the
findings of fact and conclusions of law a determination whether the
license at issue is primarily a license to engage in an occupation;
(3) the State Office of Administrative Hearings is the
state agency with which a motion for rehearing or a reply to a
motion for rehearing is filed under Section 2001.146 and is the
state agency that acts on the motion or extends a time period under
Section 2001.146;
(4) the State Office of Administrative Hearings is the
state agency responsible for sending a copy of the decision that
may become final under Section 2001.144 or an order ruling on a
motion for rehearing to the parties, including the occupational
licensing agency, in accordance with Section 2001.142; and
(5) the occupational licensing agency and any other
party to the contested case is entitled to obtain judicial review
of the final decision in accordance with this chapter.
(2) In SECTION 2 of the bill, in amended Section
2003.042(6), Government Code (house committee printing, page 3,
line 2), strike "other law" and substitute "a state agency rule
adopted under Section 2001.058(f)".