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.