Bill Text: TX HB2580 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the operation and administration of the State Office of Administrative Hearings, including procedures during a declared disaster and the use of videoconferencing technology to conduct administrative hearings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-05-03 - Received from the House [HB2580 Detail]
Download: Texas-2021-HB2580-Introduced.html
87R8764 CJC-F | ||
By: Leach | H.B. No. 2580 |
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relating to the operation and administration of the State Office of | ||
Administrative Hearings, including procedures during a declared | ||
disaster and the use of videoconferencing technology to conduct | ||
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 or | ||
another criminal justice agency that relates to a person who is: | ||
(1) an employee of, or an applicant for employment | ||
with, the office; | ||
(2) a consultant, contract employee, 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 consent of the person who | ||
is the subject of the criminal history record information. | ||
(d) The office shall promptly destroy criminal history | ||
record information obtained under Subsection (b) after a final | ||
determination is made in the matter for which the information is | ||
obtained. | ||
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 shall appoint a deputy chief | ||
administrative law judge. 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) The 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) The 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 [ |
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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 the 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 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. Subchapter C, Chapter 2003, Government Code, is | ||
amended by adding Section 2003.0501 to read as follows: | ||
Sec. 2003.0501. MODIFICATION OR SUSPENSION OF CERTAIN | ||
PROVISIONS RELATING TO ADMINISTRATIVE PROCEEDINGS AFFECTED BY | ||
DISASTER. (a) In this section, "disaster" has the meaning assigned | ||
by Section 418.004. | ||
(b) Notwithstanding any other law, the chief administrative | ||
law judge may modify or suspend a procedure governing the conduct of | ||
an administrative hearing or alternative dispute resolution | ||
procedure authorized by this chapter that is affected by a disaster | ||
during the period for which a disaster declaration issued by the | ||
governor is in effect. | ||
(c) An order of the chief administrative law judge issued | ||
under this section may not extend for more than 30 days from the | ||
date on which the order was signed unless renewed by the chief | ||
administrative law judge. | ||
(d) If a disaster prevents the chief administrative law | ||
judge from acting under this section, the deputy chief | ||
administrative law judge may act on behalf of the chief | ||
administrative law judge. | ||
(e) To the extent practicable, an order issued under this | ||
section shall conform to the requirements prescribed by law for an | ||
order issued by the supreme court of this state under Section | ||
22.0035. | ||
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, the chief administrative | ||
law judge, deputy chief administrative law judge, or 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. 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. | ||
SECTION 9. 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 10. Section 524.034, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 524.034. HEARING LOCATION. A hearing under this | ||
subchapter shall be held: | ||
(1) at a location designated by the State Office of | ||
Administrative Hearings: | ||
(A) in the county of arrest if the arrest | ||
occurred in a county with a population of 300,000 or more; or | ||
(B) in the county in which the person is alleged | ||
to have committed the offense for which the person was arrested or | ||
not more than 75 miles from the county seat of the county in which | ||
the person was arrested; or | ||
(2) if the administrative law judge presiding over the | ||
hearing issues an order under Section 2003.0551, Government Code | ||
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video conference call. | ||
SECTION 11. Section 724.041(e), Transportation Code, is | ||
amended to read as follows: | ||
(e) A hearing shall be held: | ||
(1) at a location designated by the State Office of | ||
Administrative Hearings: | ||
(A) in the county of arrest if the county has a | ||
population of 300,000 or more; or | ||
(B) in the county in which the person was alleged | ||
to have committed the offense for which the person was arrested or | ||
not more than 75 miles from the county seat of the county of arrest | ||
if the population of the county of arrest is less than 300,000; or | ||
(2) if the administrative law judge presiding over the | ||
hearing issues an order under Section 2003.0551, Government Code | ||
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SECTION 12. The following provisions are repealed: | ||
(1) Sections 2003.021(c) and (d), 2003.024(a-2), | ||
2003.050(c), and 2003.108, Government Code; and | ||
(2) Section 40.004, Insurance Code. | ||
SECTION 13. 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, 2021. |