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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and administration of the State Office of |
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Administrative Hearings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.032, Agriculture Code, is amended to |
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read as follows: |
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Sec. 12.032. HEARINGS CONDUCTED BY [COOPERATION WITH] STATE |
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OFFICE OF ADMINISTRATIVE HEARINGS. (a) [The commissioner and the |
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chief administrative law judge of the State Office of |
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Administrative Hearings by rule shall adopt a memorandum of |
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understanding under which the State Office of Administrative |
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Hearings conducts hearings for the department under this code. The |
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memorandum of understanding shall require the chief administrative |
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law judge, the department, and the commissioner to cooperate in |
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connection with the hearings under this code and may authorize the |
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State Office of Administrative Hearings to perform any |
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administrative act, including giving of notice, that is required to |
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be performed by the department or the commissioner under this code. |
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The memorandum of understanding shall also require that hearings |
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under this section be held at a location agreed upon by the State |
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Office of Administrative Hearings and the department. |
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[(b)] For a hearing conducted by the State Office of |
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Administrative Hearings under this code, the department and the |
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commissioner retain the authority to decide whether the |
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administrative law judge conducting the hearing for the State |
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Office of Administrative Hearings shall: |
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(1) enter the final decision in the case after |
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completion of the hearing; or |
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(2) propose a decision to the department or the |
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commissioner for final consideration. |
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(b) [(c)] Any provision of this code that provides that the |
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department or the commissioner take an action at a hearing means: |
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(1) that the department or the commissioner shall take |
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the action after the receipt of a proposal for decision from the |
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State Office of Administrative Hearings regarding the hearing |
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conducted by that office; or |
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(2) if so directed by the department or the |
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commissioner, the State Office of Administrative Hearings shall |
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enter the final decision in the case after completion of the |
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hearing. |
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(c) [(d)] The department shall prescribe rules of procedure |
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for any cases not heard by the State Office of Administrative |
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Hearings. |
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[(e) The department by interagency contract shall reimburse |
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the State Office of Administrative Hearings for the costs incurred |
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in conducting administrative hearings for the department. The |
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department may pay an hourly fee for the costs of conducting these |
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hearings or a fixed annual fee negotiated biennially by the |
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department and the State Office of Administrative Hearings to |
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coincide with the department's legislative appropriations |
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request.] |
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(d) [(f)] This section does not apply to hearings held under |
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Chapter 103. |
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SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1411 to read as follows: |
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Sec. 411.1411. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) In this |
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section, "office" means the State Office of Administrative |
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Hearings. |
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(b) The office is entitled to obtain from the department |
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criminal history record information maintained by the department |
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that relates to a person who is: |
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(1) an employee of, or an applicant for employment |
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with, the office; |
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(2) a contractor, volunteer, or intern of the office, |
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or an applicant to serve in one of those capacities; or |
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(3) a current or proposed contractor or subcontractor |
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of the office. |
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(c) Criminal history record information obtained by the |
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office under Subsection (b) may not be released or disclosed to any |
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person except by court order or with the written consent of the |
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person who is the subject of the criminal history record |
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information. |
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(d) The office shall destroy criminal history record |
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information obtained under Subsection (b) that relates to: |
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(1) an applicant for employment after the applicant is |
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employed by the office or, if the applicant is not employed by the |
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office, after the office has made a final employment determination |
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regarding the applicant; or |
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(2) an employee, contractor, volunteer, or intern of |
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the office after the office has completed a criminal history record |
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information check on the person. |
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(e) In accordance with Section 411.087, the office may |
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obtain through the Federal Bureau of Investigation criminal history |
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record information maintained or indexed by the bureau that |
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pertains to a person about whom the office is entitled to obtain |
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criminal history record information from the department under |
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Subsection (b). |
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(f) Criminal history record information obtained by the |
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office from the Federal Bureau of Investigation under Subsection |
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(e) may not be released or disclosed to any person. |
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SECTION 3. Subchapter C, Chapter 2003, Government Code, is |
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amended by adding Section 2003.0401 to read as follows: |
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Sec. 2003.0401. DEPUTY CHIEF ADMINISTRATIVE LAW JUDGE. (a) |
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The chief administrative law judge may appoint one or more deputy |
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chief administrative law judges to assist with the administration |
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of the office. To be eligible for appointment as a deputy chief |
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administrative law judge, an individual must: |
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(1) be licensed to practice law in this state; and |
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(2) meet other requirements prescribed by the chief |
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administrative law judge. |
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(b) A deputy chief administrative law judge shall: |
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(1) perform the duties the chief administrative law |
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judge is required by law to perform when the chief administrative |
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law judge is absent or unable to act; |
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(2) supervise administrative law judges employed by |
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the office, including individuals appointed as senior or master |
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administrative law judges under Section 2003.0411; and |
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(3) perform other duties assigned by the chief |
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administrative law judge. |
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(c) A deputy chief administrative law judge serves at the |
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pleasure of the chief administrative law judge. |
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SECTION 4. Section 2003.041(c), Government Code, is amended |
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to read as follows: |
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(c) An administrative law judge employed by the office is |
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not responsible to or subject to the supervision, direction, or |
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indirect influence of any person other than the chief |
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administrative law judge or a deputy chief administrative law |
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judge, or a senior or master administrative law judge, designated |
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by the chief administrative law judge. In particular, an |
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administrative law judge employed by the office is not responsible |
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to or subject to the supervision, direction, or indirect influence |
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of an officer, employee, or agent of another state agency who |
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performs investigative, prosecutorial, or advisory functions for |
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the other agency. |
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SECTION 5. Section 2003.0411(a), Government Code, is |
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amended to read as follows: |
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(a) The chief administrative law judge may appoint senior or |
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master administrative law judges to perform duties assigned by the |
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chief administrative law judge or a deputy chief administrative law |
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judge. |
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SECTION 6. Section 2003.045, Government Code, is amended to |
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read as follows: |
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Sec. 2003.045. OVERSIGHT OF ADMINISTRATIVE LAW JUDGES. The |
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chief administrative law judge or a deputy chief administrative law |
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judge may designate senior or master administrative law judges to |
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oversee the training, evaluation, discipline, and promotion of |
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administrative law judges employed by the office. |
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SECTION 7. Section 2003.055, Government Code, is amended to |
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read as follows: |
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Sec. 2003.055. EFFECTIVE USE OF TECHNOLOGY. The chief |
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administrative law judge shall develop and implement [a policy |
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requiring the chief administrative law judge and office employees |
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to research and propose] appropriate technological solutions to |
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improve the office's ability to perform its functions. The |
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technological solutions must: |
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(1) ensure that the public is able to easily find |
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information about the office on the Internet; |
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(2) ensure that persons who want to use the office's |
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services are able to: |
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(A) interact with the office through the |
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Internet; and |
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(B) access any service that can be provided |
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effectively through the Internet; [and] |
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(3) be cost-effective; and |
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(4) use, to the greatest extent practicable, the |
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technology standards of the Department of Information Resources and |
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the judicial committee on information technology [developed |
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through the office's planning processes]. |
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SECTION 8. Subchapter C, Chapter 2003, Government Code, is |
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amended by adding Sections 2003.0551 and 2003.0552 to read as |
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follows: |
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Sec. 2003.0551. USE OF VIDEOCONFERENCING TECHNOLOGY FOR |
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ADMINISTRATIVE PROCEEDINGS. (a) In this section, |
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"videoconferencing technology" has the meaning assigned by Section |
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402.0213. |
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(b) Notwithstanding any other law, an administrative law |
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judge assigned to preside over a contested case or alternative |
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dispute resolution proceeding may order the use of |
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videoconferencing technology to conduct a proceeding the office is |
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authorized to conduct. The presiding judge and the parties and |
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their attorneys may participate in the proceeding from any location |
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when using videoconferencing technology. |
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(c) The office may assist a party in attending a proceeding |
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conducted by videoconferencing technology by making the technology |
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available for the party's use at the permanent location of the |
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office nearest to the party if: |
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(1) the party: |
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(A) is not represented by counsel; or |
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(B) is unable to participate in the proceeding |
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due to insufficient access to videoconferencing technology; and |
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(2) making the technology available does not pose a |
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credible risk to the health or safety of employees or other persons |
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physically present at the office. |
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Sec. 2003.0552. USE OF ELECTRONIC FILING TECHNOLOGY FOR |
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SERVICE OF ADMINISTRATIVE DECISIONS AND ORDERS. (a) |
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Notwithstanding any other law, the office may deliver a decision or |
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order issued by the office using: |
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(1) an electronic filing system, as defined by Section |
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72.031, that is approved by the Office of Court Administration of |
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the Texas Judicial System; or |
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(2) a method of electronic delivery other than the |
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system described by Subdivision (1), including by e-mail sent to |
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the current e-mail address of the party's attorney of record or, if |
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the party is not represented by counsel, to the party's current |
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e-mail address. |
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(b) The office may require a party and the party's attorney |
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of record to provide and maintain an e-mail address on file with the |
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office for the purpose of receiving electronic delivery of |
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documents and communications from the office. |
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SECTION 9. Section 40.066, Human Resources Code, is amended |
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to read as follows: |
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Sec. 40.066. HEARINGS CONDUCTED BY [COOPERATION WITH] STATE |
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OFFICE OF ADMINISTRATIVE HEARINGS. (a) If the State Office of |
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Administrative Hearings conducts a contested case hearing for the |
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department under Chapter 2001, Government Code, the [Except as |
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provided by Subsection (e), the department and the chief |
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administrative law judge of the State Office of Administrative |
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Hearings shall adopt a memorandum of understanding under which the |
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State Office of Administrative Hearings, on behalf of the |
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department, conducts all contested case hearings authorized or |
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required by law to be conducted by the department under the |
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administrative procedure law, Chapter 2001, Government Code. |
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[(b) The memorandum of understanding shall require the |
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chief administrative law judge, the department, and the |
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commissioner to cooperate in connection with a contested case |
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hearing and may authorize the State Office of Administrative |
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Hearings to perform any administrative act, including the giving of |
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notice, that is required to be performed by the department or |
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commissioner. |
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[(c) The] administrative law judge who conducts the [a |
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contested case] hearing [for the State Office of Administrative |
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Hearings on behalf of the department] shall enter the final |
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decision in the case after completion of the hearing. |
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[(d) The department by interagency contract shall reimburse |
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the State Office of Administrative Hearings for the costs incurred |
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in conducting contested case hearings for the department. The |
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department may pay an hourly fee for the costs of conducting those |
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hearings or a fixed annual fee negotiated biennially by the |
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department and the State Office of Administrative Hearings to |
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coincide with the department's legislative appropriations |
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request.] |
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(b) [(e)] This section does not apply to a personnel |
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grievance hearing involving a department employee. |
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(c) [(f)] Unless otherwise agreed by all parties to a |
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contested case, a hearing conducted by the State Office of |
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Administrative Hearings on behalf of the department under this |
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section must be held in the department's administrative region in |
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which the conduct at issue in the case occurred. |
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SECTION 10. Section 402.073, Labor Code, is amended to read |
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as follows: |
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Sec. 402.073. HEARINGS CONDUCTED BY [COOPERATION WITH] |
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STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) [The commissioner |
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and the chief administrative law judge of the State Office of |
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Administrative Hearings shall adopt a memorandum of understanding |
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governing administrative procedure law hearings under this |
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subtitle conducted by the State Office of Administrative Hearings |
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in the manner provided for a contested case hearing under Chapter |
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2001, Government Code. The memorandum of understanding must |
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address the payment of costs by parties to a medical fee dispute |
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under Section 413.0312. |
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[(b)] In a case in which a hearing is conducted by the State |
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Office of Administrative Hearings under Section 413.031 or 413.055, |
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the administrative law judge who conducts the hearing for the State |
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Office of Administrative Hearings shall enter the final decision in |
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the case after completion of the hearing. |
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(b) [(c)] In a case in which a hearing is conducted in |
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conjunction with Section [402.072,] 407.046, 408.023, 415.0215, or |
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415.034, and in other cases under this subtitle that are not subject |
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to Subsection (a) [(b)], the administrative law judge who conducts |
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the hearing for the State Office of Administrative Hearings shall |
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propose a decision to the commissioner for final consideration and |
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decision by the commissioner. |
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(c) [(d)] The notice of the commissioner's order must |
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include a statement of the right of the person to judicial review of |
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the order. |
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(d) [(e)] In issuing an order under this section, the |
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commissioner shall comply with the requirements applicable to a |
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state agency under Section 2001.058, Government Code. |
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SECTION 11. Section 524.032(b), Transportation Code, is |
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amended to read as follows: |
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(b) A hearing shall be rescheduled if, before the fifth day |
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before the date scheduled for the hearing, the person who requested |
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the hearing requests a [request for a] continuance [from the person |
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who requested the hearing is received in accordance with the |
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memorandum of understanding adopted under Section 524.033(c)]. |
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Unless both parties agree otherwise, the hearing shall be |
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rescheduled for a date not earlier than the 30th [fifth] day after |
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the date the request for continuance is granted [received]. |
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SECTION 12. The following provisions are repealed: |
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(1) Sections 2003.021(c) and (d), 2003.024(a-2), |
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2003.046, 2003.050(c), and 2003.108, Government Code; |
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(2) Section 22.018, Human Resources Code; and |
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(3) Sections 524.033(c) and (d), 524.034, and |
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724.041(e), Transportation Code. |
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SECTION 13. Effective September 1, 2023, Section 40.004, |
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Insurance Code, is repealed. |
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SECTION 14. Except as otherwise provided by this Act, this |
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Act takes effect immediately if it receives a vote of two-thirds of |
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all the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution. If this Act does not receive the |
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vote necessary for immediate effect, this Act takes effect |
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September 1, 2023. |