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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [COOPERATION WITH] STATE
  OFFICE OF ADMINISTRATIVE HEARINGS. (a) [The commissioner and the
  chief administrative law judge of the State Office of
  Administrative Hearings by rule shall adopt a memorandum of
  understanding under which the State Office of Administrative
  Hearings conducts hearings for the department under this code. The
  memorandum of understanding shall require the chief administrative
  law judge, the department, and the commissioner to cooperate in
  connection with the hearings under this code and may authorize the
  State Office of Administrative Hearings to perform any
  administrative act, including giving of notice, that is required to
  be performed by the department or the commissioner under this code.
  The memorandum of understanding shall also require that hearings
  under this section be held at a location agreed upon by the State
  Office of Administrative Hearings and the department.
         [(b)]  For a hearing conducted by the State Office of
  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) [(c)]  Any provision of this code that provides that the
  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) [(d)]  The department shall prescribe rules of procedure
  for any cases not heard by the State Office of Administrative
  Hearings.
         [(e)  The department by interagency contract shall reimburse
  the State Office of Administrative Hearings for the costs incurred
  in conducting administrative hearings for the department. The
  department may pay an hourly fee for the costs of conducting these
  hearings or a fixed annual fee negotiated biennially by the
  department and the State Office of Administrative Hearings to
  coincide with the department's legislative appropriations
  request.]
         (d) [(f)]  This section does not apply to hearings held under
  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 [a policy
  requiring the chief administrative law judge and office employees
  to research and propose] appropriate technological solutions to
  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; [and]
               (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 [developed
  through the office's planning processes].
         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 [COOPERATION WITH] STATE
  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 [Except as
  provided by Subsection (e), the department and the chief
  administrative law judge of the State Office of Administrative
  Hearings shall adopt a memorandum of understanding under which the
  State Office of Administrative Hearings, on behalf of the
  department, conducts all contested case hearings authorized or
  required by law to be conducted by the department under the
  administrative procedure law, Chapter 2001, Government Code.
         [(b)  The memorandum of understanding shall require the
  chief administrative law judge, the department, and the
  commissioner to cooperate in connection with a contested case
  hearing and may authorize the State Office of Administrative
  Hearings to perform any administrative act, including the giving of
  notice, that is required to be performed by the department or
  commissioner.
         [(c)  The] administrative law judge who conducts the [a
  contested case] hearing [for the State Office of Administrative
  Hearings on behalf of the department] shall enter the final
  decision in the case after completion of the hearing.
         [(d)  The department by interagency contract shall reimburse
  the State Office of Administrative Hearings for the costs incurred
  in conducting contested case hearings for the department. The
  department may pay an hourly fee for the costs of conducting those
  hearings or a fixed annual fee negotiated biennially by the
  department and the State Office of Administrative Hearings to
  coincide with the department's legislative appropriations
  request.]
         (b) [(e)]  This section does not apply to a personnel
  grievance hearing involving a department employee.
         (c) [(f)]  Unless otherwise agreed by all parties to a
  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 [COOPERATION WITH]
  STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) [The commissioner
  and the chief administrative law judge of the State Office of
  Administrative Hearings shall adopt a memorandum of understanding
  governing administrative procedure law hearings under this
  subtitle conducted by the State Office of Administrative Hearings
  in the manner provided for a contested case hearing under Chapter
  2001, Government Code. The memorandum of understanding must
  address the payment of costs by parties to a medical fee dispute
  under Section 413.0312.
         [(b)]  In a case in which a hearing is conducted by the State
  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) [(c)]  In a case in which a hearing is conducted in
  conjunction with Section [402.072,] 407.046, 408.023, 415.0215, or
  415.034, and in other cases under this subtitle that are not subject
  to Subsection (a) [(b)], the administrative law judge who conducts
  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) [(d)]  The notice of the commissioner's order must
  include a statement of the right of the person to judicial review of
  the order.
         (d) [(e)]  In issuing an order under this section, the
  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 [request for a] continuance [from the person
  who requested the hearing is received in accordance with the
  memorandum of understanding adopted under Section 524.033(c)].  
  Unless both parties agree otherwise, the hearing shall be
  rescheduled for a date not earlier than the 30th [fifth] day after
  the date the request for continuance is granted [received].
         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.
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