SRC-DPW S.B. 757 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 757
76R7679 JRD-DBy: Duncan
State Affairs
3/15/1999
As Filed


DIGEST 

Currently, the State Office of Administrative Hearings (office) conducts
administrative hearings in certain contested cases.  This bill would refine
and clarify the purpose, function, duties, powers, and responsibilities of
the office. 

PURPOSE

As proposed, S.B. 757 sets forth guidelines for the administration and
operation of the State Office of Administrative Hearings. 

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 2003.021, Government Code, by amending
Subsections (a) and (b) and adding Subsection (e), to provide the State
Office of Administrative Hearings (office) is created to serve as an
independent forum for the conduct of the adjudicative hearings in the
executive branch of state government.  Provides that the purpose of the
office is to separate the adjudicative function from the investigative,
prosecutorial, and policymaking functions in the executive branch relating
to hearings the office is authorized to conduct.  Requires the office to
conduct administrative hearings and alternative dispute resolution
procedures required under other law.  Authorizes the office to conduct
hearings or resolution procedures voluntarily referred to the office by a
governmental entity, for a fee and under contract.  Authorizes the office
to adopt a seal for authentification purposes. 

SECTION 2. Amends Section 2003.022, Government Code, by amending
Subsections (a) and adding Subsections (c) and (d) to provide the chief
administrative law judge is eligible for reappointment. Prohibits the chief
administrative law judge from engaging in the practice of law while serving
in office. Provides the chief administrative law judge serves a full-time
position.  Requires the chief administrative law judge to supervise the
office, ensure the decisional independence of each administrative law
judge, adopt a code of conduct for administrative law judges, and monitor
the quality of hearings conducted by the office. 

SECTION 3. Amends Section 2003.041, Government Code, by adding Subsection
(c), to provide that. Provides an administrative law judge employed by the
office is not responsible to any person or agency other than the chief
administrative law judge or senior or master administrative law judge
designated by the chief administrative law judge.  

SECTION 4. Amends Chapter 2003C, Government Code, by adding Sections
2003.0411 and 2003.0412, as follows: 

Sec. 2003.0411. SENIOR AND MASTER ADMINISTRATIVE LAW JUDGES.  Authorizes
the chief administrative law judge to appoint a senior administrative law
judge who must have certain experience and meet other requirements as
prescribed by the chief administrative law judge.  Requires a master
administrative law judge to have a certain level of experience. 


Sec. 2003.0412. EX PARTE CONSULTATIONS. Provides that the provisions of
Section 2001.061 apply in relation to a matter before the office regardless
of the status of the case under  Chapter 2001.  Provides that the
provisions of Section 2001.061 do not apply to a matter before the office
to the extent that the office is conducting an alternative dispute
resolution procedure in relation to the matter. 

SECTION 5. Amends Section 2003.045, Government Code, as follows:

Sec. 2003.045. New heading: OVERSIGHT OF ADMINISTRATIVE LAW JUDGES.
Authorizes the chief administrative law judge to designate senior or master
administrative law judges to oversee certain issues regarding
administrative law judges, rather than an administrative division in the
office overseeing all administrative law judges. 

SECTION 6. Amends Section 2003.0451(a), Government Code, to authorize the
office to provide training through the Texas Center for the Judiciary. 

SECTION 7. Amends Section 2003.046, Government Code, to provide that a
central hearings panel is composed of administrative law judges and senior
or master administrative law judges assigned to the panel by the chief
administrative law judge, rather than six senior or administrative law
judges appointed by the chief administrative law judge.  Authorizes the
chief administrative law judge to create teams or divisions within the
central panel, including an administrative license revocation division.
Deletes a provision regarding the coordination and supervision of the
operation of hearings conducted by the office under the direction of the
chief administrative law judge. 

SECTION 8. Amends Section 2003.048, Government Code, as follows:

Sec. 2003.048. New heading: TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
HEARINGS FEE. Provides that this section only applies to the extent that
the legislature does not appropriate money directly to the office for
services rendered by the office to the Texas Natural Resource Conservation
Commission (commission).  Requires the office to charge a fee that is
consistent with a rider in the General Appropriations Act.  Deletes a
provision regarding the negotiation of the fixed fee. 

SECTION 9. Amends Section 2003.049(1), to provide that this subsection
applies only to the extent the legislature does not appropriate money to
the office for services rendered by the utility division of the office to
the commission.  Deletes a provision regarding a biennial negotiation of a
fixed fee.  Makes a conforming change. 

SECTION 10. Amends Chapter 2003C, Government Code, by adding Section
2003.051, as follows: 

Sec. 2003.051. ROLE OF REFERRING AGENCY. Prohibits a state agency that
refers a matter to the office for a hearing from taking any adjudicative
action relating to the matter until the office has issued a proposal for a
decision.  Authorizes a state agency to exercise its advocacy rights in the
matter before the office in the same manner as any other party. 

SECTION 11.Emergency clause.
  Effective date: upon passage.