SRC-MAX S.B. 331 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 331
By: Armbrister
State Affairs
5-23-97
As Filed


DIGEST 

Currently, administrative law judges with the State Office of
Administrative Hearings (SOAH) have sanctioning power only in utility and
natural resource matters. During the interim of the 74th Legislature, the
effectiveness of the transfer of administrative hearings from individual
state agencies to SOAH was reviewed.     

The review found that in certain cases administrative law judges have no
express authority to compel compliance which causes delays in the
completion of proceedings and increased costs to all parties involved.
S.B. 331 extends similar sanctioning powers currently held by SOAH
administrative law judges in utility and natural resource matters to all
matters adjudicated by SOAH.   

PURPOSE

As proposed, S.B. 331 extends sanctioning powers currently held by SOAH
administrative law judges in utility and natural resource matters to all
matters adjudicated by SOAH.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the chief administrative law judge in
SECTION 3 (Sec. 2003.050, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2003.042, Government Code, to authorize an
administrative law judge employed by the State Office of Administrative
Hearings (office) or a temporary administrative law judge to administer
certain duties.  Deletes a provision mandating review by the state agency
before which the contested case is brought, to allow an administrative law
judge to issue discovery and related hearing orders. 

SECTION 2.  Amends Chapter 2003C, Government Code, by adding Section
2003.0421, as follows: 

Sec.  2003.0421.  SANCTIONS.  Authorizes an administrative law judge
employed by the office or a temporary administrative law judge to impose
appropriate sanctions against a party or its representative for certain
legal infractions.  Authorizes a sanction imposed to include, as
appropriate and justified, issuance of an order that outlines certain
actions. Provides that this section does not apply to a contested case in
which the hearing is conducted by an administrative law judge on behalf of
the Texas Natural Resource Conservation Commission or the Public Utility
Commission of Texas. 

SECTION 3. Amends Chapter 2003C, Government Code, by adding Section
2003.050, as follows: 

Sec.  2003.050.  PROCEDURAL RULES.  Requires the chief administrative law
judge to adopt rules that govern the procedures, including the discovery
procedures, that relate to a hearing conducted by the office.  Provides
that the procedural rules of the state agency on behalf of which the
hearing is conducted govern procedural matters that relate to the hearing
only to the extent that the chief administrative law judge's rules adopt
the agency's procedural rules by reference. 
 
SECTION 4. (a)  Effective date for Section 2003.050:  January 1, 1998.
Makes application of this Act prospective. 

(b)  Effective date for Sections 2003.042 and 2003.041:  September 1,
1997.  Makes application of this Act prospective.   

SECTION 5. Emergency clause.