SRC-JBJ S.B. 1414 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1414
76R3965 JRD-FBy: Shapiro
State Affairs
3/16/1999
As Filed


DIGEST 

Currently, approximately 57 agencies utilize services from the State Office
of Administrative Hearings (SOAH).  The General Appropriations Act of the
75th Legislature allocated to SOAH general revenue funds from 35 agencies
using SOAH services.  The remaining agencies that currently use the SOAH
services do not have contract guidelines established.  S.B. 1414 would
amend Chapter 2003, Government Code, to establish guidelines for paying for
services provided by SOAH. 

PURPOSE

As proposed, S.B. 1414 establishes guidelines for paying for services
provided by 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 Chapter 2003B, Government Code, by adding Section
2003.024, as follows: 

Sec. 2003.024.  INTERAGENCY CONTRACTS.  Requires the State Office of
Administrative Hearings (office) and the agency that refers to the office
for hearing or for the conduct of alternative dispute resolution procedures
to enter into an interagency contract under which the referring agency pays
the office the costs of conducting a hearing or procedure based on a
certain hourly rate.  Requires the office to file, as part of its
legislative appropriation request an estimate of its hourly costs in
conducting each type of hearing or dispute resolution procedure each state
fiscal biennium.  Requires the office to estimate the hourly cost based on
the average cost per hour during the preceding fiscal year of certain
salaries, expenses, and administrative costs.  Establishes that this
section does not apply to certain hearings. 

SECTION 2.  Amends Section 2003.048, Government Code, to prohibit the fee
charges to the Texas Natural Resource Conservation Commission (TNRCC) from
being less than the amount appropriated to TNRCC for payment to the natural
resource conservation division to conduct hearings.  Requires the fee to be
based on certain costs.  

SECTION 3.  Amends Section 2003.049(l), Government Code, to prohibit the
fee charges to the Texas Natural Resource Conservation Commission (TNRCC)
from being less than the amount appropriated to TNRCC for payment to the
utilities division to conduct hearings.  Requires the fee to be based on
certain costs.  

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.