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.