Bill Text: TX SB1432 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the operation and administration of the State Office of Administrative Hearings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to State Affairs [SB1432 Detail]
Download: Texas-2023-SB1432-Introduced.html
88R10796 CJC-F | ||
By: Hinojosa | S.B. No. 1432 |
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relating to the operation and administration of the State Office of | ||
Administrative Hearings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.032, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 12.032. HEARINGS CONDUCTED BY [ |
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OFFICE OF ADMINISTRATIVE HEARINGS. (a) [ |
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[ |
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Administrative Hearings under this code, the department and the | ||
commissioner retain the authority to decide whether the | ||
administrative law judge conducting the hearing for the State | ||
Office of Administrative Hearings shall: | ||
(1) enter the final decision in the case after | ||
completion of the hearing; or | ||
(2) propose a decision to the department or the | ||
commissioner for final consideration. | ||
(b) [ |
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department or the commissioner take an action at a hearing means: | ||
(1) that the department or the commissioner shall take | ||
the action after the receipt of a proposal for decision from the | ||
State Office of Administrative Hearings regarding the hearing | ||
conducted by that office; or | ||
(2) if so directed by the department or the | ||
commissioner, the State Office of Administrative Hearings shall | ||
enter the final decision in the case after completion of the | ||
hearing. | ||
(c) [ |
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for any cases not heard by the State Office of Administrative | ||
Hearings. | ||
[ |
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(d) [ |
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Chapter 103. | ||
SECTION 2. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.1411 to read as follows: | ||
Sec. 411.1411. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) In this | ||
section, "office" means the State Office of Administrative | ||
Hearings. | ||
(b) The office is entitled to obtain from the department | ||
criminal history record information maintained by the department | ||
that relates to a person who is: | ||
(1) an employee of, or an applicant for employment | ||
with, the office; | ||
(2) a contractor, volunteer, or intern of the office, | ||
or an applicant to serve in one of those capacities; or | ||
(3) a current or proposed contractor or subcontractor | ||
of the office. | ||
(c) Criminal history record information obtained by the | ||
office under Subsection (b) may not be released or disclosed to any | ||
person except by court order or with the written consent of the | ||
person who is the subject of the criminal history record | ||
information. | ||
(d) The office shall destroy criminal history record | ||
information obtained under Subsection (b) that relates to: | ||
(1) an applicant for employment after the applicant is | ||
employed by the office or, if the applicant is not employed by the | ||
office, after the office has made a final employment determination | ||
regarding the applicant; or | ||
(2) an employee, contractor, volunteer, or intern of | ||
the office after the office has completed a criminal history record | ||
information check on the person. | ||
(e) In accordance with Section 411.087, the office may | ||
obtain through the Federal Bureau of Investigation criminal history | ||
record information maintained or indexed by the bureau that | ||
pertains to a person about whom the office is entitled to obtain | ||
criminal history record information from the department under | ||
Subsection (b). | ||
(f) Criminal history record information obtained by the | ||
office from the Federal Bureau of Investigation under Subsection | ||
(e) may not be released or disclosed to any person. | ||
SECTION 3. Subchapter C, Chapter 2003, Government Code, is | ||
amended by adding Section 2003.0401 to read as follows: | ||
Sec. 2003.0401. DEPUTY CHIEF ADMINISTRATIVE LAW JUDGE. (a) | ||
The chief administrative law judge may appoint one or more deputy | ||
chief administrative law judges to assist with the administration | ||
of the office. To be eligible for appointment as a deputy chief | ||
administrative law judge, an individual must: | ||
(1) be licensed to practice law in this state; and | ||
(2) meet other requirements prescribed by the chief | ||
administrative law judge. | ||
(b) A deputy chief administrative law judge shall: | ||
(1) perform the duties the chief administrative law | ||
judge is required by law to perform when the chief administrative | ||
law judge is absent or unable to act; | ||
(2) supervise administrative law judges employed by | ||
the office, including individuals appointed as senior or master | ||
administrative law judges under Section 2003.0411; and | ||
(3) perform other duties assigned by the chief | ||
administrative law judge. | ||
(c) A deputy chief administrative law judge serves at the | ||
pleasure of the chief administrative law judge. | ||
SECTION 4. Section 2003.041(c), Government Code, is amended | ||
to read as follows: | ||
(c) An administrative law judge employed by the office is | ||
not responsible to or subject to the supervision, direction, or | ||
indirect influence of any person other than the chief | ||
administrative law judge or a deputy chief administrative law | ||
judge, or a senior or master administrative law judge, designated | ||
by the chief administrative law judge. In particular, an | ||
administrative law judge employed by the office is not responsible | ||
to or subject to the supervision, direction, or indirect influence | ||
of an officer, employee, or agent of another state agency who | ||
performs investigative, prosecutorial, or advisory functions for | ||
the other agency. | ||
SECTION 5. Section 2003.0411(a), Government Code, is | ||
amended to read as follows: | ||
(a) The chief administrative law judge may appoint senior or | ||
master administrative law judges to perform duties assigned by the | ||
chief administrative law judge or a deputy chief administrative law | ||
judge. | ||
SECTION 6. Section 2003.045, Government Code, is amended to | ||
read as follows: | ||
Sec. 2003.045. OVERSIGHT OF ADMINISTRATIVE LAW JUDGES. The | ||
chief administrative law judge or a deputy chief administrative law | ||
judge may designate senior or master administrative law judges to | ||
oversee the training, evaluation, discipline, and promotion of | ||
administrative law judges employed by the office. | ||
SECTION 7. Section 2003.055, Government Code, is amended to | ||
read as follows: | ||
Sec. 2003.055. EFFECTIVE USE OF TECHNOLOGY. The chief | ||
administrative law judge shall develop and implement [ |
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improve the office's ability to perform its functions. The | ||
technological solutions must: | ||
(1) ensure that the public is able to easily find | ||
information about the office on the Internet; | ||
(2) ensure that persons who want to use the office's | ||
services are able to: | ||
(A) interact with the office through the | ||
Internet; and | ||
(B) access any service that can be provided | ||
effectively through the Internet; [ |
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(3) be cost-effective; and | ||
(4) use, to the greatest extent practicable, the | ||
technology standards of the Department of Information Resources and | ||
the judicial committee on information technology [ |
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SECTION 8. Subchapter C, Chapter 2003, Government Code, is | ||
amended by adding Sections 2003.0551 and 2003.0552 to read as | ||
follows: | ||
Sec. 2003.0551. USE OF VIDEOCONFERENCING TECHNOLOGY FOR | ||
ADMINISTRATIVE PROCEEDINGS. (a) In this section, | ||
"videoconferencing technology" has the meaning assigned by Section | ||
402.0213. | ||
(b) Notwithstanding any other law, an administrative law | ||
judge assigned to preside over a contested case or alternative | ||
dispute resolution proceeding may order the use of | ||
videoconferencing technology to conduct a proceeding the office is | ||
authorized to conduct. The presiding judge and the parties and | ||
their attorneys may participate in the proceeding from any location | ||
when using videoconferencing technology. | ||
(c) The office may assist a party in attending a proceeding | ||
conducted by videoconferencing technology by making the technology | ||
available for the party's use at the permanent location of the | ||
office nearest to the party if: | ||
(1) the party: | ||
(A) is not represented by counsel; or | ||
(B) is unable to participate in the proceeding | ||
due to insufficient access to videoconferencing technology; and | ||
(2) making the technology available does not pose a | ||
credible risk to the health or safety of employees or other persons | ||
physically present at the office. | ||
Sec. 2003.0552. USE OF ELECTRONIC FILING TECHNOLOGY FOR | ||
SERVICE OF ADMINISTRATIVE DECISIONS AND ORDERS. (a) | ||
Notwithstanding any other law, the office may deliver a decision or | ||
order issued by the office using: | ||
(1) an electronic filing system, as defined by Section | ||
72.031, that is approved by the Office of Court Administration of | ||
the Texas Judicial System; or | ||
(2) a method of electronic delivery other than the | ||
system described by Subdivision (1), including by e-mail sent to | ||
the current e-mail address of the party's attorney of record or, if | ||
the party is not represented by counsel, to the party's current | ||
e-mail address. | ||
(b) The office may require a party and the party's attorney | ||
of record to provide and maintain an e-mail address on file with the | ||
office for the purpose of receiving electronic delivery of | ||
documents and communications from the office. | ||
SECTION 9. Section 40.066, Human Resources Code, is amended | ||
to read as follows: | ||
Sec. 40.066. HEARINGS CONDUCTED BY [ |
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OFFICE OF ADMINISTRATIVE HEARINGS. (a) If the State Office of | ||
Administrative Hearings conducts a contested case hearing for the | ||
department under Chapter 2001, Government Code, the [ |
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[ |
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[ |
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decision in the case after completion of the hearing. | ||
[ |
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(b) [ |
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grievance hearing involving a department employee. | ||
(c) [ |
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contested case, a hearing conducted by the State Office of | ||
Administrative Hearings on behalf of the department under this | ||
section must be held in the department's administrative region in | ||
which the conduct at issue in the case occurred. | ||
SECTION 10. Section 402.073, Labor Code, is amended to read | ||
as follows: | ||
Sec. 402.073. HEARINGS CONDUCTED BY [ |
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STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) [ |
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[ |
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Office of Administrative Hearings under Section 413.031 or 413.055, | ||
the administrative law judge who conducts the hearing for the State | ||
Office of Administrative Hearings shall enter the final decision in | ||
the case after completion of the hearing. | ||
(b) [ |
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conjunction with Section [ |
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415.034, and in other cases under this subtitle that are not subject | ||
to Subsection (a) [ |
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the hearing for the State Office of Administrative Hearings shall | ||
propose a decision to the commissioner for final consideration and | ||
decision by the commissioner. | ||
(c) [ |
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include a statement of the right of the person to judicial review of | ||
the order. | ||
(d) [ |
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commissioner shall comply with the requirements applicable to a | ||
state agency under Section 2001.058, Government Code. | ||
SECTION 11. Section 524.032(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) A hearing shall be rescheduled if, before the fifth day | ||
before the date scheduled for the hearing, the person who requested | ||
the hearing requests a [ |
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Unless both parties agree otherwise, the hearing shall be | ||
rescheduled for a date not earlier than the 30th [ |
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the date the request for continuance is granted [ |
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SECTION 12. The following provisions are repealed: | ||
(1) Sections 2003.021(c) and (d), 2003.024(a-2), | ||
2003.046, 2003.050(c), and 2003.108, Government Code; | ||
(2) Section 22.018, Human Resources Code; and | ||
(3) Sections 524.033(c) and (d), 524.034, and | ||
724.041(e), Transportation Code. | ||
SECTION 13. Effective September 1, 2023, Section 40.004, | ||
Insurance Code, is repealed. | ||
SECTION 14. Except as otherwise provided by this Act, this | ||
Act takes effect immediately if it receives a vote of two-thirds of | ||
all the members elected to each house, as provided by Section 39, | ||
Article III, Texas Constitution. If this Act does not receive the | ||
vote necessary for immediate effect, this Act takes effect | ||
September 1, 2023. |