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.