SRC-SLL S.B. 740 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 740
By: Carona
Economic Development
3-6-97
As Filed


DIGEST 

Currently, the final level of administrative appeal for a payday law claim
is that of the Appeal Tribunal hearing officer.  The losing party must
either accept the decision or go to court.  Although it is possible to
file a motion for rehearing, the motion is decided by the same hearing
officer who ruled against the movant.  Allowing an additional level of
appeal would give the Texas Workforce Commission an additional chance to
make a legally supportable decision and would increase the chance that a
losing party would feel that there had been a full opportunity to present
the facts of the case.  This bill will authorize parties to seek review by
the commission of an order and will set forth procedures for the review. 

PURPOSE

As proposed, S.B. 740 authorizes parties to seek review by the Texas
Workforce Commission of an order in an administrative proceeding regarding
the payment of wages and sets forth procedures for the review. 

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 Sections 61.061(a), and (c), Labor Code, to require the
Texas Workforce Commission (commission) or its designee to mail to each
party to an appeal notice of the parties' right to seek review of the
order by the commission, rather than judicial review.  Provides that the
order becomes final 14 days after the date on which it is mailed unless
before that date a party to the appeal files for review of the order by
the commission, rather than files a written motion for rehearing. 

SECTION 2. Amends Chapter 61D, Labor Code, by adding Section 61.0615, as
follows: 

Sec.  61.0615.  COMMISSION REVIEW OF ADMINISTRATIVE HEARING.  Provides
that review of an administrative order by the commission under this
subchapter is subject to the rules and procedures used by the commission
in reviewing a decision by an appeal tribunal regarding a claim for
unemployment compensation.  Authorizes the commission to take certain
actions.  Requires the commission to promptly mail to the parties before
it certain items.  Provides that a decision of the commission becomes
final 14 days after the date the decision is mailed unless certain
conditions are met before that date.  Provides that if a motion for
rehearing is denied by the commission, the decision of the commission
becomes the final order of the commission 14 days after the date the
commission denied the motion, unless before that date, the commission
reopens the appeal. 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.