By Armbrister S.B. No. 323
75R1039 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement of a training certificate for State
1-3 Office of Administrative Hearings administrative law judges and to
1-4 the establishment of an Administrative Law Judge Training School by
1-5 the state bar.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter C, Chapter 2003, Government Code, is
1-8 amended by adding Section 2003.0451 to read as follows:
1-9 Sec. 2003.0451. TRAINING REQUIREMENTS. (a) Except as
1-10 provided by Subsection (b), not later than the second anniversary
1-11 of the date a person is employed by the office as an administrative
1-12 law judge, the person shall successfully complete the
1-13 administrative law judge training course developed by the
1-14 Administrative Law Judge Education Committee and established by the
1-15 board of directors of the State Bar of Texas in accordance with
1-16 Section 81.115.
1-17 (b) A person who is employed by the office as an
1-18 administrative law judge before January 1, 1998, shall, before
1-19 December 31, 2000, successfully complete the administrative law
1-20 judge training course developed by the Administrative Law Judge
1-21 Education Committee and established by the board of directors of
1-22 the State Bar of Texas in accordance with Section 81.115.
1-23 (c) The office may not retain a person as an administrative
1-24 law judge if the person does not comply with this section.
2-1 SECTION 2. Subchapter H, Chapter 81, Government Code, is
2-2 amended by adding Section 81.115 to read as follows:
2-3 Sec. 81.115. ADMINISTRATIVE LAW JUDGE TRAINING SCHOOL. (a)
2-4 The board of directors shall establish an Administrative Law Judge
2-5 Training School in Austin.
2-6 (b) The Administrative Law Judge Education Committee is
2-7 composed of three members as follows:
2-8 (1) the dean of The University of Texas School of Law,
2-9 or a person designated by the dean;
2-10 (2) the chief administrative law judge of the State
2-11 Office of Administrative Hearings, or a person designated by the
2-12 chief administrative law judge; and
2-13 (3) a judge of the Court of Appeals for the Third
2-14 Court of Appeals District, designated by the chief justice of that
2-15 court.
2-16 (c) A member of the committee serves a term concurrent with
2-17 the member's service as dean, chief administrative law judge, or
2-18 judge. The committee shall meet at least once each calendar
2-19 quarter. A committee member serves without compensation, except
2-20 that the member is entitled to reimbursement for actual expenses
2-21 reasonably incurred in connection with the performance of those
2-22 services, subject to any applicable limitation on reimbursement
2-23 provided by the General Appropriations Act.
2-24 (d) The committee shall:
2-25 (1) develop and recommend to the board of directors a
2-26 certificate program of instruction for the training of
2-27 administrative law judges employed by the State Office of
3-1 Administrative Hearings;
3-2 (2) propose standards for adoption by the board of
3-3 directors for the successful completion of the program and
3-4 eligibility for a certificate of program completion; and
3-5 (3) otherwise advise the board of directors with
3-6 reference to the organization, curriculum, program, conduct, and
3-7 management of the school.
3-8 (e) The state bar shall implement the program as recommended
3-9 by the committee and directed by the board of directors.
3-10 (f) The school may sponsor the following activities:
3-11 (1) a certificate program of instruction in the
3-12 general rules and principles of administrative law, with an
3-13 emphasis on the rules and principles relating to adjudicative and
3-14 rulemaking functions of state agencies;
3-15 (2) a program relating to matters of interest relating
3-16 to contested case hearings conducted on behalf of individual state
3-17 agencies; and
3-18 (3) other activities considered appropriate by the
3-19 board of directors with the advice of the committee.
3-20 (g) The board of directors may establish and collect
3-21 reasonable tuition to cover the costs of operating the school. The
3-22 tuition for administrative law judges employed by the State Office
3-23 of Administrative Hearings shall be paid by the State Office of
3-24 Administrative Hearings.
3-25 SECTION 3. (a) This Act takes effect September 1, 1997,
3-26 except that Section 2003.0451, Government Code, as added by this
3-27 Act, takes effect January 1, 1998.
4-1 (b) Not later than March 1, 1998, the board of directors of
4-2 the State Bar of Texas shall establish the Administrative Law Judge
4-3 Training School and the Administrative Law Judge Education
4-4 Committee shall develop and establish the certificate program for
4-5 the training of administrative law judges.
4-6 SECTION 4. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.