By Shapiro S.B. No. 1414
76R3965 JRD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to paying for services provided by the State Office of
1-3 Administrative Hearings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 2003, Government Code, is
1-6 amended by adding Section 2003.024 to read as follows:
1-7 Sec. 2003.024. INTERAGENCY CONTRACTS. (a) The office and
1-8 each agency that refers matters to the office for hearing or for
1-9 the conduct of alternative dispute resolution procedures shall
1-10 enter into an interagency contract under which the referring agency
1-11 pays the office the costs of conducting a hearing or procedure
1-12 based on an hourly rate that is:
1-13 (1) set by the office; and
1-14 (2) subject to the approval of the legislature.
1-15 (b) Each state fiscal biennium, the office as part of its
1-16 legislative appropriation request shall file an estimate of its
1-17 hourly costs in conducting each type of hearing or dispute
1-18 resolution procedure. The office shall estimate the hourly cost
1-19 based on the average cost per hour during the preceding state
1-20 fiscal year of:
1-21 (1) the salaries of its administrative law judges;
1-22 (2) the travel expenses, hearings costs, and telephone
1-23 charges directly related to the conduct of a hearing or procedure;
1-24 and
2-1 (3) the administrative costs of the division of the
2-2 office that conducts the hearing or procedure.
2-3 (c) This section does not apply to hearings conducted:
2-4 (1) by the natural resource conservation division or
2-5 the utility division; or
2-6 (2) under the administrative license revocation
2-7 program.
2-8 SECTION 2. Section 2003.048, Government Code, is amended to
2-9 read as follows:
2-10 Sec. 2003.048. NATURAL RESOURCE CONSERVATION COMMISSION
2-11 HEARINGS FEE. The office shall charge the Texas Natural Resource
2-12 Conservation Commission a fixed annual fee rather than an hourly
2-13 rate for services rendered by the office to the commission. The
2-14 amount of the fee may not be less than the amount appropriated to
2-15 the Texas Natural Resource Conservation Commission in the General
2-16 Appropriations Act for payment to the natural resource conservation
2-17 division to conduct commission hearings. The amount of the fee
2-18 shall be based on the costs of conducting the hearings, the costs
2-19 of travel expenses and telephone charges directly related to the
2-20 hearings, and the administrative costs of the natural resource
2-21 conservation division. The office and the Texas Natural Resource
2-22 Conservation Commission shall negotiate the amount of the fixed fee
2-23 biennially, subject to the approval of the governor, to coincide
2-24 with the commission's legislative appropriations request.
2-25 SECTION 3. Section 2003.049(l), Government Code, is amended
2-26 to read as follows:
2-27 (l) The office shall charge the commission a fixed annual
3-1 fee rather than an hourly rate for services rendered by the utility
3-2 division to the commission. The amount of the fee may not be less
3-3 than the amount appropriated to the commission in the General
3-4 Appropriations Act for payment to the utility division to conduct
3-5 commission hearings. The amount of the fee shall be based on the
3-6 costs of conducting the hearings, the costs of travel expenses and
3-7 telephone charges directly related to the hearings, and the
3-8 administrative costs of the utility division. The office and the
3-9 commission shall negotiate the amount of the fixed fee biennially,
3-10 subject to the approval of the governor, to coincide with the
3-11 commission's legislative appropriations request.
3-12 SECTION 4. This Act takes effect September 1, 2000.
3-13 SECTION 5. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.