1-1     By:  Oliveira, Yarbrough (Senate Sponsor - Ellis)      H.B. No. 564

 1-2           (In the Senate - Received from the House April 18, 1997;

 1-3     April 22, 1997, read first time and referred to Committee on

 1-4     Economic Development; May 17, 1997, reported favorably by the

 1-5     following vote:  Yeas 7, Nays 0; May 17, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to certain hearings and investigations conducted by the

 1-9     Texas Workforce Commission.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter D, Chapter 301, Labor Code, is amended

1-12     by adding Section 301.0615 to read as follows:

1-13           Sec. 301.0615.  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

1-14     (a)  Except as otherwise provided by this title, a hearing

1-15     conducted under this title is not subject to:

1-16                 (1)  Section 2001.038, Government Code; or

1-17                 (2)  Subchapters C-H, Chapter 2001, Government Code.

1-18           (b)  A commission order or decision that results from a

1-19     hearing conducted under this title is not subject to the

1-20     requirements imposed under:

1-21                 (1)  Section 2001.004(3), Government Code; or

1-22                 (2)  Section 2001.005, Government Code.

1-23           SECTION 2.  Sections 301.071(a) and (b), Labor Code, are

1-24     amended to read as follows:

1-25           (a)  In discharging duties imposed under this title [Subtitle

1-26     A], an appeal tribunal established under this title [Section

1-27     212.101], an examiner or other hearings officer employed or

1-28     appointed by the commission or the executive director, a member of

1-29     the commission, or a representative authorized by the commission

1-30     may:

1-31                 (1)  administer oaths;

1-32                 (2)  take depositions;

1-33                 (3)  certify to official acts; and

1-34                 (4)  issue subpoenas to compel the attendance of

1-35     witnesses and the production of books, papers, correspondence,

1-36     memoranda, and other records considered necessary as evidence in

1-37     connection with a disputed claim or the administration of this

1-38     title [Subtitle A].

1-39           (b)  The commission's authority to conduct an investigation,

1-40     assemble information, or require the submission of documentary or

1-41     oral testimony is limited to the power necessary to properly

1-42     administer this title [Subtitle A].

1-43           SECTION 3.  This Act takes effect September 1, 1997, and

1-44     applies only to a hearing or investigation conducted by the Texas

1-45     Workforce Commission that is based on an event that occurs on or

1-46     after that date.  A hearing or investigation based on an event that

1-47     occurs before that date is governed by the law in effect on the

1-48     date that the event occurred, and the former law is continued in

1-49     effect for that purpose.

1-50           SECTION 4.  The importance of this legislation and the

1-51     crowded condition of the calendars in both houses create an

1-52     emergency and an imperative public necessity that the

1-53     constitutional rule requiring bills to be read on three several

1-54     days in each house be suspended, and this rule is hereby suspended.

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