SRC-TNM S.B. 323 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 323
By: Armbrister
State Affairs
2-12-97
As Filed


DIGEST 

During the interim of the 74th Legislature, the Lieutenant Governor
charged the Senate State Affairs Committee to review the effectiveness of
the transfer of administrative hearings from individual state agencies to
the State Office of Administrative Hearings.  Review of the creation of
the agency and its current structure revealed a need to address training
requirements for future administrative law judges.  There are no uniform
requirements for these positions, resulting in a variance of professional
qualifications for administrative law judges.  S.B. 323 outlines
provisions relating to the requirement of a training certificate for State
Office of Administrative Hearings administrative law judges and to the
establishment of an Administrative Law Judge Training School by the state
bar. 

PURPOSE

As proposed, S.B. 323 outlines provisions relating to the requirement of a
training certificate for State Office of Administrative Hearings
administrative law judges and to the establishment of an Administrative
Law Judge Training School by the state bar. 

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 2003C, Government Code, by adding Section
2003.0451, as follows: 

Sec. 2003.0451. TRAINING REQUIREMENTS. Sets forth the training
requirements and provisions for a person who is employed by the State
Office of Administrative Hearings (office) as an administrative law judge. 

SECTION 2. Amends Chapter 81H, Government Code, by adding Section 81.115,
as follows: 

Sec. 81.115. ADMINISTRATIVE LAW JUDGE TRAINING SCHOOL. Requires the board
of directors of the State Bar of Texas to establish an Administrative Law
Judge Training School in Austin.  Sets forth  the members of which the
Administrative Law Judge Education Committee (committee) is composed.
Provides that a committee member serves a term concurrent with the
member's service as dean, chief administrative law judge, or judge. Sets
forth requirements for the committee.  Requires the state bar to implement
the program as recommended by the committee and directed by the board of
directors.  Sets forth the activities the school is authorized to sponsor.
Authorizes the board of directors to establish and collect reasonable
tuition to cover the costs of operating the school.  Requires the tuition
for administrative law judges employed by the office to be paid by the
office. 

SECTION 3.  Effective date: September 1, 1997, except that Section
2003.0451, Government Code, as added by this Act,  takes effect January 1,
1998.   

(b) Requires the board of directors of the State Bar of Texas to establish
the Administrative Law Judge Training School, and the Administrative Law
Judge Education Committee is required to develop and establish the
certificate program for the training of administrative  law judges, not
later than March 1, 1998.   
  
SECTION 4. Emergency clause.