SRC-AAA C.S.S.B. 452 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 452
By: Duncan
Jurisprudence
2-25-97
Committee Report (Substituted)


DIGEST 

Currently, the requirements for appointment as a chief administrative law
judge include being licensed to practice law in Texas and  board certified
in administrative law, and having at least five years of experience
conducting administrative hearings. The current requirements restrict the
ability of otherwise qualified individuals from being appointed as chief
administrative law judge.  This bill eliminates the board certification
requirement and the requirement of having a certain amount of years of
experience conducting administrative hearings, and replaces the
requirements with one provision requiring the appointee to have practiced
law or have a certain amount of years of experience.  

PURPOSE

As proposed, C.S.S.B. 452 adds new qualifications for a person to be
eligible for appointment as a chief administrative law judge. 

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 Section 2003.022(b), Government Code, to require a
person to be eligible for appointment as chief administrative law judge
(judge),  to have practiced law, for at least five years,  and have
practiced  administrative law or conducted administrative hearings under
Chapter 2001, Government Code, or engaged in a combination of those two
activities.  Deletes provisions that require a judge to be board certified
in administrative law and have at least five years' experience in
conducting administrative hearings under Chapter 2001, Government Code. 

SECTION 2. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 2003.022(b), Government Code, to require a
person to be eligible for appointment as chief administrative law judge
(judge),  to have practiced law, for at least five years, and have
practiced  administrative law or conducted administrative hearings under
Chapter 2001, Government Code, or engaged in a combination of those two
activities.