SRC-JXG H.B. 3740 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3740
76R7599 KKA-DBy: Greenberg (Zaffirini)
Human Services
5/10/1999
Engrossed


DIGEST 

Currently, contested cases regarding the Texas Department of Protective and
Regulatory Services (DPRS) must be held at the State Office of
Administrative Hearings (SOAH).  SOAH rules require DPRS hearings conducted
by SOAH to be held in Austin.  DPRS rules indicate that hearings will be
held in the region where the contested decision occurred, but SOAH rules
override DPRS rules. H.B. 3740 would establish that DPRS contested case
hearings will be held in DPRS's administrative region where the conduct in
question occurred. 

PURPOSE

As proposed, H.B. 3740 allows the location of administrative hearings
conducted by the State Office of Administrative Hearings on behalf of the
Texas Department of Protective and Regulatory Services (DPRS) to be held in
DPRS's administrative region. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 40.066, Human Resources Code, by adding
Subsection (f), to require a hearing conducted by the State Office of
Administrative Hearings on behalf of the Texas Department of Protective and
Regulatory Services (DPRS) under this section to be held in the DPRS's
administrative region in which the conduct at issue in the case occurred,
unless otherwise agreed by all parties to a contested case. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.