NDT S.B. 452 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
S.B. 452
By: Duncan (Cuellar)
4-28-97
Committee Report (Unamended)



BACKGROUND 

Section 2003.022(b) of the Government Code currently limits the potential
appointees to the position of Chief Administrative Law Judge of the State
Office of Administrative Hearings (SOAH) to people who: 1) are licensed to
practice law in Texas; 2) are board certified in administrative law; and
3) have at least five years experience in conducting administrative
hearings.  The current requirements restrict otherwise qualified
individuals from being appointed as the Chief Administrative Law Judge. 

PURPOSE

This bill proposes to revise the requirements for the appointment of Chief
Administrative Law Judge of SOAH so they are similar to the requirements
of a state district court judge. 

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 Subsection (b), Section 2003.022, Government Code, to
eliminate the requirement that a potential appointee to the position of
SOAH Chief Administrative Law Judge be board certified in administrative
law and have at least five years experience in conducting administrative
hearings under Chapter 2001 of the Government Code; adds the requirement
that a potential appointee have practiced administrative law, conducted
administrative hearings, or a combination of both, for at least four
years. 

Section 2: Emergency clause.