SRC-MAX, AAA H.B. 564 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 564
By: Oliveira (Ellis)
Economic Development
5-14-97
Engrossed


DIGEST 
                                                                         
The Texas Employment Commission's unemployment compensation proceedings
were specifically exempt from the Administrative Procedures Act under
Section 2001.224, Government Code. Besides unemployment compensation
proceedings, its successor, the Texas Workforce Commission, is responsible
for administering a variety of programs under Chapter 302 of the Labor
Code. These programs have statutory hearing requirements, or are governed
by federal regulations, which are incompatible with the Administrative
Procedures Act. Currently, the Labor Code grants the Texas Workforce
Commission authority to administer oaths, take depositions, and issue
subpoenas only in connection with the administration of Subtitle A, Title
4 of the Labor Code. However, the Texas Workforce Commission is
responsible for the administration of all of  Title 4 of the Labor Code.
H.B. 564 clarifies the Texas Workforce Commission's exemption from the
Administrative Procedures Act.  It would grant examiners and other
hearings officers employed by the commission authority to administer
oaths, take depositions, certify to official acts, and issue subpoenas
concerning the administration of Title 4 of the Labor Code.
                                                 
PURPOSE

As proposed, H.B. 564 clarifies the Texas Workforce Commission's exemption
from the Administrative Procedures Act; grants examiners and other
hearings officers employed by the commission authority to administer
oaths, take depositions, and issue subpoenas concerning the administration
of Title 4 of the Labor Code.                   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 301D, Labor Code, by adding Section 301.0615, as
follows: 

Sec. 301.0615. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.  Provides that
a hearing conducted under this title is not subject to certain codes,
except as otherwise provided by this title.  Provides that a Texas
Workforce Commission  (commission) order or decision that results in a
hearing under this title is  not subject to certain codes. 

SECTION 2. Amends Sections 301.071(a) and (b), Labor Code, to authorize an
examiner or other hearings officer employed or appointed by the commission
or the executive director of the commission to take certain actions.
Makes conforming changes.  

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.