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.