Bill Text: TX SB191 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to disposition of a contested case by the Texas Medical Board.
Sponsorship: Partisan Bill (Republican 2)
Status: (Vetoed) 2011-06-17 - Vetoed by the Governor [SB191 Detail]
Download: Texas-2011-SB191-Enrolled.html
| S.B. No. 191 | ||
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| relating to disposition of a contested case by the Texas Medical | ||
| Board. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subsections (a) and (a-1), Section 164.007, | ||
| Occupations Code, are amended to read as follows: | ||
| (a) The board by rule shall adopt procedures governing | ||
| formal disposition of a contested case under Chapter 2001, | ||
| Government Code. A formal hearing shall be conducted by an | ||
| administrative law judge employed by the State Office of | ||
| Administrative Hearings. After receiving the administrative law | ||
| judge's findings of fact and conclusions of law, the board shall | ||
| dispose of the contested case by issuing a final order based on the | ||
| administrative law judge's findings of fact and conclusions of law | ||
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| (a-1) Notwithstanding Section 2001.058(e), Government | ||
| Code, the [ |
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| of law or vacate or modify an order of the administrative law judge. | ||
| The board may obtain judicial review of any finding of fact or | ||
| conclusion of law issued by the administrative law judge as | ||
| provided by Section 2001.058(f)(5), Government Code. For each | ||
| case, the board has the sole authority and discretion to determine | ||
| the appropriate action or sanction, and the administrative law | ||
| judge may not make any recommendation regarding the appropriate | ||
| action or sanction [ |
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| SECTION 2. Subsections (a) and (a-1), Section 164.007, | ||
| Occupations Code, as amended by this Act, apply only to a contested | ||
| case for which an administrative law judge employed by the State | ||
| Office of Administrative Hearings issues written findings of fact | ||
| and conclusions of law on or after the effective date of this Act. A | ||
| contested case for which an administrative law judge employed by | ||
| the State Office of Administrative Hearings issues written findings | ||
| of fact and conclusions of law before the effective date of this Act | ||
| is governed by the law in effect on the date the findings of fact and | ||
| conclusions of law were issued, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 191 passed the Senate on | ||
| March 17, 2011, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 191 passed the House on | ||
| May 19, 2011, by the following vote: Yeas 148, Nays 0, one present | ||
| not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
