SRC-SLL H.B. 1902 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1902
By: Lewis, Glenn (Shapleigh)
Economic Development
4-27-97
Engrossed


DIGEST 

Under current statutes, a conflict exists regarding the time period in
which a party to a contested administrative action may file an appeal
through a motion for rehearing.  Under Article 1.33B, which governs
contested cases heard by the State Office of Administrative Hearings, the
parties are required to follow procedures set out in the Administrative
Procedures Act.  This Act provides a 20day time period in which to file a
motion for rehearing; however, under Article 1.10B(b) of the Texas
Insurance Code, the appellant has only 15 days to file the motion for
rehearing.  Not only does this create confusion for parties outside the
Department of Insurance who practice administrative law, it also creates
an internal conflict for staff in determining when a motion for rehearing
is timely filed. This bill repeals the subsection of the Insurance Code
that establishes the 15-day time line for filing a motion for rehearing
and makes that procedure subject to the Administrative Procedures Act. 

PURPOSE

As proposed, H.B. 1902 repeals the subsection of the Insurance Code that
establishes the 15-day time line for filing a motion for rehearing and
makes that procedure subject to the Administrative Procedures Act. 

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 Article 1.10B, Insurance Code, to require the Texas
Department of Insurance (department), rather than the State Board of
Insurance, notwithstanding Section 2001.142, Government Code, to mail to
each party and the party's attorney of record in a contested case before
the department or the commissioner of insurance (commissioner) a copy of
the department's or commissioner's written decision or order in that case
by certified mail, return receipt requested. Deletes existing text
regarding a motion for rehearing in a contested case. 

SECTION 2. Amends Subsection (b), Article 1.33B, Insurance Code, to make
standard recodification changes. 

SECTION 3. Amends Subsection (c)(1), Article 1.33B, Insurance Code, to
make standard recodification changes. 

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.