SRC-JFA S.B. 1006 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1006
By: Ellis
Economic Development
4-7-97
As Filed


DIGEST 

Currently, the Texas Workforce Commission (TWC) is responsible for
administering a variety of programs under Chapter 302, Labor Code.
Programs previously administered by the Texas Employment Commission are
governed by statutory hearing requirements and federal regulations, both
of which are incompatible with the Administrative Procedures Act set forth
in the Government Code.  This bill would provide that a hearing conducted
under Title 4, Labor Code, which includes Chapter 302, and TWC orders or
decisions that result from hearings conducted under Title 4, Labor Code,
are not subject to the Administrative Procedures Act.   

Additionally, only TWC has authority to administer oaths, take
depositions, certify official acts, and issue subpoenas in connection with
the administration of Title 4A, Labor Code, setting forth the Texas
Unemployment Compensation Act.  This bill would authorize examiners and
other hearing officers employed by TWC to perform such judicial procedures
concerning the administration of Title 4, Labor Code, relating to
employment services and unemployment.  

PURPOSE

As proposed, S.B. 1006 provides that a hearing conducted under Title 4,
Labor Code, and Texas Workforce Commission (TWC) orders or decisions that
result from hearings conducted under Title 4, Labor Code, are not subject
to the Administrative Procedures Act set forth in the Government Code.
Additionally, this bill authorizes examiners and other hearing officers
employed by TWC to perform various judicial procedures concerning the
administration of Title 4, Labor Code. 

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 301D, Labor Code, by adding Section 301.0615, as
follows: 

Sec. 301.0615.  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.  Provides
that except as otherwise provided by this title, a hearing conducted under
this title is not subject to Section 2001.38, Government Code; or Chapters
2001C-H, Government Code. Provides that a Texas Workforce Commission (TWC)
order or decision that results from a hearing conducted under this title
is not subject to the requirements imposed under Sections 2001.004(3) or
2001.005, Government Code.  

SECTION 2. Amends Sections 301.071(a) and (b), Labor Code, to authorize,
among others, an appeal tribunal established under this title, rather than
Section 212.101, an examiner or other hearings officer employed or
appointed by TWC or the executive director of TWC, in discharging duties
imposed under this title, rather than Subtitle A, to administer oaths; to
take depositions; to certify official acts; and to issue certain
subpoenas.  Makes conforming changes.  

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

SECTION 4. Emergency clause.