Texas Senate Bill SB1446

Texas 2017 - 85th Regular

Caption

Relating to contested cases conducted under the Administrative Procedure Act.

Impact

The implications of SB1446 on state laws are significant, as it modifies existing regulations and procedures governing administrative actions. It allows affected parties to receive timely notifications and facilitates a structured process for filing motions and appeals, thereby supporting the enforcement of their rights. Moreover, the bill's provisions aim to enhance the transparency of the decision-making processes of state agencies, potentially reducing delays and improving the perception of fairness in administrative actions. The legislation addresses procedural robustness, aiming to elevate the standard of accountability among state agencies.

Summary

SB1446 focuses on reforming the procedures for contested cases under the Texas Administrative Procedure Act. The bill introduces changes aimed at improving the efficiency and clarity of administrative proceedings, particularly concerning how state agencies and affected parties handle notices, motions, and hearings within contested cases. It establishes specific timelines for state agencies to respond to motions and clarifies the implications of agency decision-making on the rights of affected parties. These adjustments are intended to create a more systematic approach to administrative justice in Texas.

Sentiment

The general sentiment around SB1446 is neutral to positive among legislators, as it is seen as a necessary modernization of the administrative procedure framework. Supporters argue that the bill will provide essential protections for individuals in contested cases by ensuring they are adequately informed and can effectively respond to agency actions. However, some concerns were raised regarding the balance between agency authority and the rights of individuals, particularly about the procedural complexities that may still exist despite the reforms initiated by the bill.

Contention

Notable points of contention revolve around how the changes in timelines and notification processes might impact the operational abilities of state agencies. Critics of the bill worry that while it aims to streamline procedures, it may inadvertently create additional burdens for agencies that have to balance their resource allocation between responding to administrative duties and ensuring compliance with the new requirements established by SB1446. This could affect the overall efficiency of public services, especially for smaller agencies with limited staffing.