81R9846 BEF-F
By: Brown of Brazos, Lucio III, et al. H.B. No. 998
Substitute the following for H.B. No. 998:
By: Madden C.S.H.B. No. 998
A BILL TO BE ENTITLED
AN ACT
relating to the hearing and final decision of certain occupational
licensing contested cases by a State Office of Administrative
Hearings administrative law judge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2001.054, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The denial, suspension, revocation, annulment, or
refusal to renew an occupational license or the imposition of an
administrative penalty or other sanction against an occupational
license holder by a state agency listed in Section 101.002,
Occupations Code, is required to be preceded by notice and
opportunity for hearing, and the contested case hearing must be
conducted in accordance with Section 2001.058(g) by an
administrative law judge employed by the State Office of
Administrative Hearings.
SECTION 2. Section 2001.058, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) This subsection applies only to a contested case
described by Section 2001.054(a-1) that concerns licensing in
relation to an occupational license issued by a state agency listed
in Section 101.002, Occupations Code, and that is not disposed of by
stipulation, agreed settlement, or consent order. Notwithstanding
Subsection (e) or any other law, the administrative law judge shall
render the final decision in the contested case, and the following
provisions apply:
(1) the administrative law judge shall render the
decision that may become final under Section 2001.144 not later
than the 60th day after the latter of the date on which the hearing
is finally closed or the date by which the judge has ordered all
briefs, reply briefs, and other posthearing documents to be filed,
and the 60-day period may be extended only with the consent of all
parties, including the occupational licensing agency;
(2) the administrative law judge shall include in the
findings of fact and conclusions of law a determination whether the
license at issue is primarily a license to engage in an occupation
issued by a state agency listed in Section 101.002, Occupations
Code, and a determination whether the case concerns an issue
described by Section 2001.054(a-1);
(3) the State Office of Administrative Hearings is the
state agency with which a motion for rehearing or a reply to a
motion for rehearing is filed under Section 2001.146 and is the
state agency that acts on the motion or extends a time period under
Section 2001.146;
(4) the State Office of Administrative Hearings is the
state agency responsible for sending a copy of the decision that may
become final under Section 2001.144 or an order ruling on a motion
for rehearing to the parties, including the occupational licensing
agency, in accordance with Section 2001.142; and
(5) the occupational licensing agency and any other
party to the contested case is entitled to obtain judicial review of
the final decision in accordance with this chapter.
SECTION 3. Section 2003.021, Government Code, is amended by
adding Subsection (h) to read as follows:
(h) The office shall conduct all hearings and render the
final decision in contested cases under Chapter 2001 involving the
denial, suspension, revocation, annulment, or refusal to renew an
occupational license or the imposition of an administrative penalty
or other sanction against an occupational license holder, as
provided by Sections 2001.054(a-1) and 2001.058(g).
SECTION 4. The changes in law made by this Act do not apply
in relation to a matter described by Sections 2001.054(a-1) and
2001.058(g), Government Code, as added by this Act, if before the
effective date of this Act an administrative law judge issued a
written proposal for decision in a contested case on the matter. A
matter described by this section is governed by the law in effect on
the date the proposal for decision was issued, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.