JJG H.B. 564 75(R)BILL ANALYSIS


ECONOMIC DEVELOPMENT
H.B. 564
By: Oliveira
2-19-97
Committee Report (Unamended)



BACKGROUND 

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, certify to
official acts, 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. 


PURPOSE

H.B. 564 would clarify 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. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter D, Chapter 301 of the Labor Code by adding
Section 301.0615, titled "APPLICATION OF ADMINISTRATIVE PROCEDURE ACT."
This section exempts hearings conducted by the Texas Workforce Commission
under Title 4 of the Labor Code from certain statutes: Section 2001.038 of
the Government Code (procedures for declaratory judgments) and Subchapters
C through H of the Government Code (procedures for contested cases). It
also exempts a resulting Commission order or decision from Sections
2001.004(3) and 2001.005 of the Government Code, which require that orders
and decisions be indexed and cross-indexed to the statute. 

SECTION 2. Amends Sections 301.071(a) and (b) of the Labor Code to grant
authority to examiners or hearing officers employed by the Texas Workforce
Commission to administer oaths, take depositions, certify to official
acts, and issue subpoenas and to clarify the Commission's authority  to
administer Title 4 of the Labor Code. 

SECTION 3. Effective date: September 1, 1997, and applicable to hearings
and investigations occurring on or after the effective date.  

SECTION 4. Emergency clause.