By Merritt H.B. No. 2438 77R8501 MCK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to transferring administrative hearings performed by the 1-3 Railroad Commission of Texas to the State Office of Administrative 1-4 Hearings. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 11, Title 112, Revised Statutes, is 1-7 amended by adding Article 6447k to read as follows: 1-8 Art. 6447k. TRANSFER OF CONTESTED CASE HEARINGS TO THE STATE 1-9 OFFICE OF ADMINISTRATIVE HEARINGS. (a) The commission and the 1-10 chief administrative law judge of the State Office of 1-11 Administrative Hearings shall adopt a memorandum of understanding 1-12 under which the State Office of Administrative Hearings, on behalf 1-13 of the commission, conducts all contested case hearings authorized 1-14 or required by law to be conducted by the commission under the 1-15 administrative procedure law, Chapter 2001, Government Code. 1-16 (b) The memorandum of understanding must require the chief 1-17 administrative law judge and the commission to cooperate in 1-18 connection with a contested case hearing and must authorize the 1-19 State Office of Administrative Hearings to perform any 1-20 administrative act, including giving of notice, that is required to 1-21 be performed by the commission. 1-22 (c) The memorandum of understanding must require the 1-23 administrative law judge conducting the hearing for the State 1-24 Office of Administrative Hearings on behalf of the commission to 2-1 enter a final decision in the case after completion of the hearing. 2-2 (d) The commission by interagency contract shall reimburse 2-3 the State Office of Administrative Hearings for the costs incurred 2-4 in conducting contested case hearings for the commission. The 2-5 commission may pay an hourly fee for the costs of conducting those 2-6 hearings or a fixed annual fee negotiated biennially by the 2-7 commission and the State Office of Administrative Hearings to 2-8 coincide with the commission's legislative appropriations request. 2-9 SECTION 2. (a) This Act takes effect September 1, 2001. 2-10 (b) The Railroad Commission of Texas and the State Office of 2-11 Administrative Hearings shall enter into the memorandum of 2-12 understanding required by Article 6447k, Revised Statutes, as added 2-13 by this Act, not later than January 1, 2002.