SRC-AMY S.B. 1072 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1072
78R3141 JMM-DBy: Jackson
Business & Commerce
4/2/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas law establishes trial de novo as the standard of judicial
review for final Texas Workforce Commission decisions.  However, case law
has established that the review standard is trial de novo based on
substantial evidence, leading to inconsistency between unemployment
compensation law and payday law.  As proposed, S.B. 1072 includes the
specification that judicial review is by trial de novo based on the
substantial evidence rule. 

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.  Amends Section 212.202(a), Labor Code, to provide that
judicial review under this subchapter is by trial de novo based on the
substantial evidence rule. 

SECTION 2.  Effective date: upon passage or September 1, 2003.