By Armbrister                                    S.B. No. 332

      75R1038 JRD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the decisions of certain administrative law judges in

 1-3     occupational licensing contested cases and to judicial review of

 1-4     those decisions.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 2001.058, Government Code, is amended by

 1-7     adding Subsection (f) to read as follows:

 1-8           (f)  In a contested case that concerns licensing in relation

 1-9     to an occupational license and that is not disposed of by

1-10     stipulation, agreed settlement, or consent order:

1-11                 (1)  the administrative law judge renders the final

1-12     decision in the contested case;

1-13                 (2)  the administrative law judge shall render the

1-14     decision that may become final under Section 2001.144 not later

1-15     than the 60th day after the latter of the date on which the hearing

1-16     is finally closed or the date by which the judge has ordered all

1-17     briefs, reply briefs, and other posthearing documents to be filed,

1-18     and the 60-day period may be extended only with the consent of all

1-19     parties, including the occupational licensing agency;

1-20                 (3)  the administrative law judge shall include in the

1-21     findings of fact and conclusions of law a determination whether the

1-22     license at issue is primarily a license to engage in an occupation;

1-23                 (4)  the State Office of Administrative Hearings is the

1-24     state agency with which a motion for rehearing or a reply to a

 2-1     motion for rehearing is  filed under Section 2001.146 and is the

 2-2     state agency that acts on the motion or extends a time period under

 2-3     Section 2001.146;

 2-4                 (5)  the State Office of Administrative Hearings is the

 2-5     state agency responsible for sending a copy of the decision that

 2-6     may become final under Section 2001.144 or an order ruling on a

 2-7     motion for rehearing to the parties, including the occupational

 2-8     licensing agency, in accordance with Section 2001.142; and

 2-9                 (6)  the occupational licensing agency is entitled to

2-10     obtain judicial review of the final decision in accordance with

2-11     this chapter, and this subsection does not affect whether another

2-12     party to the contested case is entitled to obtain judicial review

2-13     of the final decision.

2-14           SECTION 2.  Section 2003.042, Government Code, is amended to

2-15     read as follows:

2-16           Sec. 2003.042.  POWERS OF ADMINISTRATIVE LAW JUDGE.  An

2-17     administrative law judge may:

2-18                 (1)  administer an oath;

2-19                 (2)  take testimony;

2-20                 (3)  rule on a question of evidence;

2-21                 (4)  subject to review by the state agency before which

2-22     the contested case is brought, issue an order relating to discovery

2-23     or another hearing or prehearing matter, including an order

2-24     imposing a sanction that the agency may impose; [and]

2-25                 (5)  issue a proposal for decision that includes

2-26     findings of fact and conclusions of law; and

2-27                 (6)  if expressly authorized by other law, make the

 3-1     final decision in a contested case.

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

 3-3     applies only to a contested case filed at an occupational licensing

 3-4     agency on or after that date. A contested case filed at an

 3-5     occupational licensing agency before that date is governed by the

 3-6     law in effect at the time the case is filed at the occupational

 3-7     licensing agency, and the former law is continued in effect for

 3-8     that purpose.

 3-9           SECTION 4.  The importance of this legislation and the

3-10     crowded condition of the calendars in both houses create an

3-11     emergency and an imperative public necessity that the

3-12     constitutional rule requiring bills to be read on three several

3-13     days in each house be suspended, and this rule is hereby suspended.