SRC-VRA H.B. 3442 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3442
78R14735 JJT-DBy: Pickett (Averitt)
Finance
5/20/2003
Engrossed


DIGEST AND PURPOSE 

Due to the current budget shortfall,  state agencies and institutions of
higher education were asked to prioritize spending based on core functions
and essential services.  Legislators looked to these priorities in
preparation of the budget; however, certain statutory changes are also
needed to conform with appropriations levels in the 2004-05 General
Appropriations Act.  H.B. 3442 authorizes these statutory changes for the
natural resources agencies listed under Article VI of the 2004-05 General
Appropriations Act.   
    
RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Railroad Commission
in SECTION 3 (Section 102.006, Utilities Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES GENERALLY.
(a)  Provides that this section applies to any state agency that receives
an appropriation under Article VI of the General Appropriations Act. 
 
(b)  Provides that notwithstanding any other statute of this state, each
state agency to which this section applies is authorized to reduce or
recover expenditures by taking certain measures. 
  
SECTION 2.  TEXAS ANIMAL HEALTH COMMISSION; DUTIES REGARDING RIDING
STABLES.  (a)  Requires the Texas Animal Health Commission to reduce its
expenditures of state money related to regulating equine riding stables. 

 (b)  Repealer:  Chapter 2053 (Riding Stables), Occupations Code.
 
SECTION 3.  ADMINISTRATIVE HEARINGS OF RAILROAD COMMISSION OF TEXAS.
Amends Section 102.006, Utilities Code, as follows: 
 
Sec. 102.006.  New heading:  ADMINISTRATIVE HEARINGS IN CONTESTED CASES.
(a) Requires the railroad commission (RRC) by rule to provide for
administrative hearings in contested cases to be conducted by one or more
members of the railroad commission, by RRC hearings examiners, or by the
utility division of the State Office of Administrative Hearings (SOAH).
Requires the rules to provide for a railroad commission hearings examiner
or the utility division of SOAH to conduct each hearing in a contested
case that is not conducted by one or more RRC members. 
 
(b)  Authorizes RRC to delegate to a RRC hearings examiner or to the
utility division of SOAH the authority to make a final decision and to
issue findings of fact, conclusions of law, and other necessary orders in
a proceeding in which there is not a contested issue of fact or law. 
 
(c)  Requires RRC by rule to define the procedures by which it delegates
final decision-making authority under Subsection (b) to a railroad
commission hearings examiner or to the utility division of SOAH. 
  
(d)  Provides that for purposes of judicial review, the final decision,
rather than administrative law judge's decision, of a railroad commission
hearings examiner or an administrative law judge of SOAH in a matter
delegated under Subsection (b) has the same effect as a final decision of
RRC unless a member of the commission requests formal review of the
decision. 
 
(e)  Requires SOAH to charge RRC a fixed annual rate for hearings
conducted by the office under this section only if the legislature
appropriates money for that purpose.  Provides that if the legislature
does not appropriate money for the payment of a fixed annual rate under
this section, SOAH must charge RRC an hourly rate for hearings conducted
by the office under this section. 
 
SECTION 4.  EFFECTIVE DATE.  Effective date:  September 1, 2003.