By Brimer                                       H.B. No. 1485

      75R2286 JMM-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the appeal of certain administrative proceedings

 1-3     regarding the payment of wages.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.   Sections 61.061(a) and (c), Labor Code, are

 1-6     amended to read as follows:

 1-7           (a)  The commission shall mail to each party to the appeal

 1-8     notice of:

 1-9                 (1)  the decision;

1-10                 (2)  the amount of wages subject to the order;

1-11                 (3)  the amount of any penalty assessed;  and

1-12                 (4)  the parties' right to seek [judicial] review of

1-13     the order by the commission.

1-14           (c)  The order becomes final 14 days after the date on which

1-15     it is mailed unless before that date:

1-16                 (1)  a party to the appeal files for review of the

1-17     order by the commission [a written motion for rehearing];  or

1-18                 (2)  the commission reopens the hearing.

1-19           SECTION 2.   Subchapter D, Chapter 61, Labor Code, is amended

1-20     by adding Section 61.0615 to read as follows:

1-21           Sec. 61.0615.  COMMISSION REVIEW OF ADMINISTRATIVE HEARING.

1-22     (a) Review of an administrative order by the commission under this

1-23     subchapter is subject to the rules and procedures used by the

1-24     commission in reviewing a decision by an appeal tribunal regarding

 2-1     a claim for unemployment compensation.

 2-2           (b)  The commission may:

 2-3                 (1)  on its own motion:

 2-4                       (A)  affirm, modify, or set aside any decision of

 2-5     a hearing officer on the basis of the evidence previously submitted

 2-6     in the case; or

 2-7                       (B)  direct the taking of additional evidence; or

 2-8                 (2)  permit any of the parties to the decision to

 2-9     initiate a further appeal before the commission.

2-10           (c)  The commission promptly shall mail to the parties before

2-11     it:

2-12                 (1)  a copy of its findings and decision; and

2-13                 (2)  an explanation of the parties' right to judicial

2-14     review of the commission's final decision.

2-15           (d)  A decision of the commission becomes final 14 days after

2-16     the date the decision is mailed unless before that date:

2-17                 (1)  the commission by order reopens the appeal; or

2-18                 (2)  a party to the appeal files a written motion for

2-19     rehearing.

2-20           (e)  If a motion for rehearing is denied by the commission,

2-21     the decision of the commission becomes the final order of the

2-22     commission 14 days after the date the commission denied the motion

2-23     unless, before that date, the commission reopens the appeal.

2-24           SECTION 3.  This Act takes effect September 1, 1997, and

2-25     applies only to a wage claim filed with the Texas Workforce

2-26     Commission on or after that date.  A wage claim filed before that

2-27     date is governed by the law in effect on the date the claim was

 3-1     filed, and the former law is continued in effect for that purpose.

 3-2           SECTION 4.  The importance of this legislation and the

 3-3     crowded condition of the calendars in both houses create an

 3-4     emergency and an imperative public necessity that the

 3-5     constitutional rule requiring bills to be read on three several

 3-6     days in each house be suspended, and this rule is hereby suspended.