ZEM C.S.H.B. 1543 75(R)BILL ANALYSIS


CIVIL PRACTICES
C.S.H.B. 1543
By: Brimer
3-18-97
Committee Report (Substituted)



BACKGROUND 

Under existing statutes governing administrative procedure, a decision in
a contested case is not final until certain deadlines have expired, even
no part appears in protest.  For example, when an operator asks for a
change in field rules or an unprotested permit application, the operator
must wait twenty days from the date of Commission action before these
changes take effect or before he can rely on the permit. The bill will
provide, in situations where no protestant exists, that the order become
effective when served. 

PURPOSE

As proposed, HB 1543 provides the date on which a decision is final in
contested case orders rendered by state agencies in which no party appears
in protest. 

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 Section 2001.144(a), Government Code, to provide that a
decision in a contested case is final on the date specified in the order
for a case in which all parties agree to the date in writing or on the
record, provided that the specified date is not later than 20 days after
the date on which the order was rendered. 

SECTION 2.  Effective date: September 1, 1997.

SECTION 3.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute amends the same section as the original bill as
filed, but provides that a decision in a contested case is final on the
date specified in the order for a case in which all parties agree to the
date in writing or on the record instead for cases in which no party
appeared in protest.  The committee substitute has similar language to the
original bill as filed requiring the specified date not to be later than
the 20th day after the order was rendered, but deletes language providing
that the order becomes final under Section 2001.144(a)(2) if no date is
specified.