Texas 2023 - 88th Regular

Texas House Bill HB4254 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4368 MCK-D
2	2	By: Harrison H.B. No. 4254
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to decisions of an administrative law judge of the State
8	8	Office of Administrative Hearings in contested cases.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 2001.058(e), (e-1), and (f), Government
11	11	Code, are amended to read as follows:
12	12	(e) [A state agency may change a finding of fact or
13	13	conclusion of law made by the administrative law judge, or may
14	14	vacate or modify an order issued by the administrative judge, only
15	15	if the agency determines:
16	16	[(1) that the administrative law judge did not
17	17	properly apply or interpret applicable law, agency rules, written
18	18	policies provided under Subsection (c), or prior administrative
19	19	decisions;
20	20	[(2) that a prior administrative decision on which the
21	21	administrative law judge relied is incorrect or should be changed;
22	22	or
23	23	[(3) that a technical error in a finding of fact should
24	24	be changed.
25	25	[The agency shall state in writing the specific reason and
26	26	legal basis for a change made under this subsection.
27	27	[(e-1)] Notwithstanding any other law, the administrative
28	28	law judge who conducts a contested case hearing shall render the
29	29	final decision in the contested case. The final decision rendered
30	30	by the administrative law judge is considered a final decision of
31	31	the state agency on behalf of which the hearing is being conducted.
32	32	A [Subsection (e), a] state agency may not change a finding of fact
33	33	or conclusion of law made by the administrative law judge and may
34	34	not vacate or modify an order of an administrative law judge [that
35	35	awards attorney's fees and costs under Section 2001.903].
36	36	(f) The [A state agency by rule may provide that, in a
37	37	contested case before the agency that concerns licensing in
38	38	relation to an occupational license and that is not disposed of by
39	39	stipulation, agreed settlement, or consent order, the
40	40	administrative law judge shall render the final decision in the
41	41	contested case. If a state agency adopts such a rule, the]
42	42	following provisions apply to contested cases finally decided by
43	43	the administrative law judge [covered by the rule]:
44	44	(1) the administrative law judge shall render the
45	45	decision that may become final under Section 2001.144 not later
46	46	than the 60th day after the latter of the date on which the hearing
47	47	is finally closed or the date by which the judge has ordered all
48	48	briefs, reply briefs, and other posthearing documents to be filed,
49	49	and the 60-day period may be extended only with the consent of all
50	50	parties[, including the occupational licensing agency];
51	51	(2) the administrative law judge's decision [judge]
52	52	shall include [in the] findings of fact and conclusions of law [a
53	53	determination whether the license at issue is primarily a license
54	54	to engage in an occupation];
55	55	(3) the State Office of Administrative Hearings is the
56	56	state agency with which a motion for rehearing or a reply to a
57	57	motion for rehearing is filed under Section 2001.146 and is the
58	58	state agency that acts on the motion or extends a time period under
59	59	Section 2001.146;
60	60	(4) the State Office of Administrative Hearings is the
61	61	state agency responsible for sending a copy of the decision that may
62	62	become final under Section 2001.144 or an order ruling on a motion
63	63	for rehearing to the parties[, including the occupational licensing
64	64	agency,] in accordance with Section 2001.142; and
65	65	(5) the state [occupational licensing] agency and any
66	66	other party to the contested case is entitled to obtain judicial
67	67	review of the final decision in accordance with this chapter.
68	68	SECTION 2. Section 2003.042(a), Government Code, is amended
69	69	to read as follows:
70	70	(a) An administrative law judge employed by the office or a
71	71	temporary administrative law judge may:
72	72	(1) administer an oath;
73	73	(2) take testimony;
74	74	(3) rule on a question of evidence;
75	75	(4) issue an order relating to discovery or another
76	76	hearing or prehearing matter, including an order imposing a
77	77	sanction;
78	78	(5) issue an order that refers a case to an alternative
79	79	dispute resolution procedure, determines how the costs of the
80	80	procedure will be apportioned, and appoints an impartial third
81	81	party as described by Section 2009.053 to facilitate that
82	82	procedure;
83	83	(6) issue a proposal for decision that includes
84	84	findings of fact and conclusions of law;
85	85	(7) [if expressly authorized by a state agency rule
86	86	adopted under Section 2001.058(f),] make the final decision in a
87	87	contested case;
88	88	(8) serve as an impartial third party as described by
89	89	Section 2009.053 for a dispute referred by an administrative law
90	90	judge, unless one of the parties objects to the appointment; and
91	91	(9) serve as an impartial third party as described by
92	92	Section 2009.053 for a dispute referred by a government agency
93	93	under a contract.
94	94	SECTION 3. The following provisions of the Government Code
95	95	are repealed:
96	96	(1) Section 2001.058(d-1); and
97	97	(2) Section 2003.051.
98	98	SECTION 4. The changes in law made by this Act apply only to
99	99	a contested case hearing that is commenced on or after the effective
100	100	date of this Act. A contested case hearing commenced before that
101	101	date is governed by the law in effect on the date the hearing
102	102	commenced, and the former law is continued in effect for that
103	103	purpose.
104	104	SECTION 5. This Act takes effect September 1, 2023.