1-1           By:  Armbrister                                  S.B. No. 332

 1-2           (In the Senate - Filed January 28, 1997; February 3, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     February 17, 1997, reported favorably by the following vote:  Yeas

 1-5     13, Nays 0; February 17, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the decisions of certain administrative law judges in

 1-9     occupational licensing contested cases and to judicial review of

1-10     those decisions.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 2001.058, Government Code, is amended by

1-13     adding Subsection (f) to read as follows:

1-14           (f)  In a contested case that concerns licensing in relation

1-15     to an occupational license and that is not disposed of by

1-16     stipulation, agreed settlement, or consent order:

1-17                 (1)  the administrative law judge renders the final

1-18     decision in the contested case;

1-19                 (2)  the administrative law judge shall render the

1-20     decision that may become final under Section 2001.144 not later

1-21     than the 60th day after the latter of the date on which the hearing

1-22     is finally closed or the date by which the judge has ordered all

1-23     briefs, reply briefs, and other posthearing documents to be filed,

1-24     and the 60-day period may be extended only with the consent of all

1-25     parties, including the occupational licensing agency;

1-26                 (3)  the administrative law judge shall include in the

1-27     findings of fact and conclusions of law a determination whether the

1-28     license at issue is primarily a license to engage in an occupation;

1-29                 (4)  the State Office of Administrative Hearings is the

1-30     state agency with which a motion for rehearing or a reply to a

1-31     motion for rehearing is filed under Section 2001.146 and is the

1-32     state agency that acts on the motion or extends a time period under

1-33     Section 2001.146;

1-34                 (5)  the State Office of Administrative Hearings is the

1-35     state agency responsible for sending a copy of the decision that

1-36     may become final under Section 2001.144 or an order ruling on a

1-37     motion for rehearing to the parties, including the occupational

1-38     licensing agency, in accordance with Section 2001.142; and

1-39                 (6)  the occupational licensing agency is entitled to

1-40     obtain judicial review of the final decision in accordance with

1-41     this chapter, and this subsection does not affect whether another

1-42     party to the contested case is entitled to obtain judicial review

1-43     of the final decision.

1-44           SECTION 2.  Section 2003.042, Government Code, is amended to

1-45     read as follows:

1-46           Sec. 2003.042.  POWERS OF ADMINISTRATIVE LAW JUDGE.  An

1-47     administrative law judge may:

1-48                 (1)  administer an oath;

1-49                 (2)  take testimony;

1-50                 (3)  rule on a question of evidence;

1-51                 (4)  subject to review by the state agency before which

1-52     the contested case is brought, issue an order relating to discovery

1-53     or another hearing or prehearing matter, including an order

1-54     imposing a sanction that the agency may impose; [and]

1-55                 (5)  issue a proposal for decision that includes

1-56     findings of fact and conclusions of law; and

1-57                 (6)  if expressly authorized by other law, make the

1-58     final decision in a contested case.

1-59           SECTION 3.  This Act takes effect September 1, 1997, and

1-60     applies only to a contested case filed at an occupational licensing

1-61     agency on or after that date. A contested case filed at an

1-62     occupational licensing agency before that date is governed by the

1-63     law in effect at the time the case is filed at the occupational

1-64     licensing agency, and the former law is continued in effect for

 2-1     that purpose.

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

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended.

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