SRC-JLB H.B. 2846 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2846
78R10454 MTB-FBy: Farabee (Fraser)
Natural Resources
5/21/2003
Engrossed


DIGEST AND PURPOSE 

In 2001, the 77th Texas Legislature, at the suggestion of the Sunset
Commission, set statutes that required all gas utility contested cases to
be heard by the State Office of Administrative Hearings (SOAH).  The
legislature appropriated $494,100 for the Fiscal Year 2002-2003 biennium
to the Railroad Commission of Texas (RRC) to pay SOAH for this hearings
service.  As a cost savings measure for RRC, some believe that the RRC
staff needs to resume the hearings function within RRC.  H.B. 2846 returns
the duty of hearing gas utility cases back to RRC, which eliminates this
function for full appropriation.  This bill also repeals the law requiring
SOAH to hear gas utility contested cases and returns that function to RRC. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Repealer:  Section 102.006 (Powers and Duties of State Office
of Administrative Hearings), Utilities Code, and Section 2003.0491
(Railroad Commission Hearings), Government Code. 
 
SECTION 2.  (a)  Effective date:  upon passage or September 1, 2003.
 
(b)  Provides that this Act applies to a hearing pending before the State
Office of Administrative Hearings (SOAH) on the effective date of this Act
under Section 102.006, Utilities Code, as that section existed immediately
before the effective date of this Act. Provides that a hearing pending
before SOAH on the effective date of this Act under Section 102.006,
Utilities Code, is transferred to the Railroad Commission of Texas on that
date.