Texas 2023 - 88th Regular

Texas Senate Bill SB1432 Compare Versions

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1	1	88R10796 CJC-F
2	2	By: Hinojosa S.B. No. 1432
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation and administration of the State Office of
8	8	Administrative Hearings.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.032, Agriculture Code, is amended to
11	11	read as follows:
12	12	Sec. 12.032. HEARINGS CONDUCTED BY [COOPERATION WITH] STATE
13	13	OFFICE OF ADMINISTRATIVE HEARINGS. (a) [The commissioner and the
14	14	chief administrative law judge of the State Office of
15	15	Administrative Hearings by rule shall adopt a memorandum of
16	16	understanding under which the State Office of Administrative
17	17	Hearings conducts hearings for the department under this code. The
18	18	memorandum of understanding shall require the chief administrative
19	19	law judge, the department, and the commissioner to cooperate in
20	20	connection with the hearings under this code and may authorize the
21	21	State Office of Administrative Hearings to perform any
22	22	administrative act, including giving of notice, that is required to
23	23	be performed by the department or the commissioner under this code.
24	24	The memorandum of understanding shall also require that hearings
25	25	under this section be held at a location agreed upon by the State
26	26	Office of Administrative Hearings and the department.
27	27	[(b)] For a hearing conducted by the State Office of
28	28	Administrative Hearings under this code, the department and the
29	29	commissioner retain the authority to decide whether the
30	30	administrative law judge conducting the hearing for the State
31	31	Office of Administrative Hearings shall:
32	32	(1) enter the final decision in the case after
33	33	completion of the hearing; or
34	34	(2) propose a decision to the department or the
35	35	commissioner for final consideration.
36	36	(b) [(c)] Any provision of this code that provides that the
37	37	department or the commissioner take an action at a hearing means:
38	38	(1) that the department or the commissioner shall take
39	39	the action after the receipt of a proposal for decision from the
40	40	State Office of Administrative Hearings regarding the hearing
41	41	conducted by that office; or
42	42	(2) if so directed by the department or the
43	43	commissioner, the State Office of Administrative Hearings shall
44	44	enter the final decision in the case after completion of the
45	45	hearing.
46	46	(c) [(d)] The department shall prescribe rules of procedure
47	47	for any cases not heard by the State Office of Administrative
48	48	Hearings.
49	49	[(e) The department by interagency contract shall reimburse
50	50	the State Office of Administrative Hearings for the costs incurred
51	51	in conducting administrative hearings for the department. The
52	52	department may pay an hourly fee for the costs of conducting these
53	53	hearings or a fixed annual fee negotiated biennially by the
54	54	department and the State Office of Administrative Hearings to
55	55	coincide with the department's legislative appropriations
56	56	request.]
57	57	(d) [(f)] This section does not apply to hearings held under
58	58	Chapter 103.
59	59	SECTION 2. Subchapter F, Chapter 411, Government Code, is
60	60	amended by adding Section 411.1411 to read as follows:
61	61	Sec. 411.1411. ACCESS TO CRIMINAL HISTORY RECORD
62	62	INFORMATION: STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) In this
63	63	section, "office" means the State Office of Administrative
64	64	Hearings.
65	65	(b) The office is entitled to obtain from the department
66	66	criminal history record information maintained by the department
67	67	that relates to a person who is:
68	68	(1) an employee of, or an applicant for employment
69	69	with, the office;
70	70	(2) a contractor, volunteer, or intern of the office,
71	71	or an applicant to serve in one of those capacities; or
72	72	(3) a current or proposed contractor or subcontractor
73	73	of the office.
74	74	(c) Criminal history record information obtained by the
75	75	office under Subsection (b) may not be released or disclosed to any
76	76	person except by court order or with the written consent of the
77	77	person who is the subject of the criminal history record
78	78	information.
79	79	(d) The office shall destroy criminal history record
80	80	information obtained under Subsection (b) that relates to:
81	81	(1) an applicant for employment after the applicant is
82	82	employed by the office or, if the applicant is not employed by the
83	83	office, after the office has made a final employment determination
84	84	regarding the applicant; or
85	85	(2) an employee, contractor, volunteer, or intern of
86	86	the office after the office has completed a criminal history record
87	87	information check on the person.
88	88	(e) In accordance with Section 411.087, the office may
89	89	obtain through the Federal Bureau of Investigation criminal history
90	90	record information maintained or indexed by the bureau that
91	91	pertains to a person about whom the office is entitled to obtain
92	92	criminal history record information from the department under
93	93	Subsection (b).
94	94	(f) Criminal history record information obtained by the
95	95	office from the Federal Bureau of Investigation under Subsection
96	96	(e) may not be released or disclosed to any person.
97	97	SECTION 3. Subchapter C, Chapter 2003, Government Code, is
98	98	amended by adding Section 2003.0401 to read as follows:
99	99	Sec. 2003.0401. DEPUTY CHIEF ADMINISTRATIVE LAW JUDGE. (a)
100	100	The chief administrative law judge may appoint one or more deputy
101	101	chief administrative law judges to assist with the administration
102	102	of the office. To be eligible for appointment as a deputy chief
103	103	administrative law judge, an individual must:
104	104	(1) be licensed to practice law in this state; and
105	105	(2) meet other requirements prescribed by the chief
106	106	administrative law judge.
107	107	(b) A deputy chief administrative law judge shall:
108	108	(1) perform the duties the chief administrative law
109	109	judge is required by law to perform when the chief administrative
110	110	law judge is absent or unable to act;
111	111	(2) supervise administrative law judges employed by
112	112	the office, including individuals appointed as senior or master
113	113	administrative law judges under Section 2003.0411; and
114	114	(3) perform other duties assigned by the chief
115	115	administrative law judge.
116	116	(c) A deputy chief administrative law judge serves at the
117	117	pleasure of the chief administrative law judge.
118	118	SECTION 4. Section 2003.041(c), Government Code, is amended
119	119	to read as follows:
120	120	(c) An administrative law judge employed by the office is
121	121	not responsible to or subject to the supervision, direction, or
122	122	indirect influence of any person other than the chief
123	123	administrative law judge or a deputy chief administrative law
124	124	judge, or a senior or master administrative law judge, designated
125	125	by the chief administrative law judge. In particular, an
126	126	administrative law judge employed by the office is not responsible
127	127	to or subject to the supervision, direction, or indirect influence
128	128	of an officer, employee, or agent of another state agency who
129	129	performs investigative, prosecutorial, or advisory functions for
130	130	the other agency.
131	131	SECTION 5. Section 2003.0411(a), Government Code, is
132	132	amended to read as follows:
133	133	(a) The chief administrative law judge may appoint senior or
134	134	master administrative law judges to perform duties assigned by the
135	135	chief administrative law judge or a deputy chief administrative law
136	136	judge.
137	137	SECTION 6. Section 2003.045, Government Code, is amended to
138	138	read as follows:
139	139	Sec. 2003.045. OVERSIGHT OF ADMINISTRATIVE LAW JUDGES. The
140	140	chief administrative law judge or a deputy chief administrative law
141	141	judge may designate senior or master administrative law judges to
142	142	oversee the training, evaluation, discipline, and promotion of
143	143	administrative law judges employed by the office.
144	144	SECTION 7. Section 2003.055, Government Code, is amended to
145	145	read as follows:
146	146	Sec. 2003.055. EFFECTIVE USE OF TECHNOLOGY. The chief
147	147	administrative law judge shall develop and implement [a policy
148	148	requiring the chief administrative law judge and office employees
149	149	to research and propose] appropriate technological solutions to
150	150	improve the office's ability to perform its functions. The
151	151	technological solutions must:
152	152	(1) ensure that the public is able to easily find
153	153	information about the office on the Internet;
154	154	(2) ensure that persons who want to use the office's
155	155	services are able to:
156	156	(A) interact with the office through the
157	157	Internet; and
158	158	(B) access any service that can be provided
159	159	effectively through the Internet; [and]
160	160	(3) be cost-effective; and
161	161	(4) use, to the greatest extent practicable, the
162	162	technology standards of the Department of Information Resources and
163	163	the judicial committee on information technology [developed
164	164	through the office's planning processes].
165	165	SECTION 8. Subchapter C, Chapter 2003, Government Code, is
166	166	amended by adding Sections 2003.0551 and 2003.0552 to read as
167	167	follows:
168	168	Sec. 2003.0551. USE OF VIDEOCONFERENCING TECHNOLOGY FOR
169	169	ADMINISTRATIVE PROCEEDINGS. (a) In this section,
170	170	"videoconferencing technology" has the meaning assigned by Section
171	171	402.0213.
172	172	(b) Notwithstanding any other law, an administrative law
173	173	judge assigned to preside over a contested case or alternative
174	174	dispute resolution proceeding may order the use of
175	175	videoconferencing technology to conduct a proceeding the office is
176	176	authorized to conduct. The presiding judge and the parties and
177	177	their attorneys may participate in the proceeding from any location
178	178	when using videoconferencing technology.
179	179	(c) The office may assist a party in attending a proceeding
180	180	conducted by videoconferencing technology by making the technology
181	181	available for the party's use at the permanent location of the
182	182	office nearest to the party if:
183	183	(1) the party:
184	184	(A) is not represented by counsel; or
185	185	(B) is unable to participate in the proceeding
186	186	due to insufficient access to videoconferencing technology; and
187	187	(2) making the technology available does not pose a
188	188	credible risk to the health or safety of employees or other persons
189	189	physically present at the office.
190	190	Sec. 2003.0552. USE OF ELECTRONIC FILING TECHNOLOGY FOR
191	191	SERVICE OF ADMINISTRATIVE DECISIONS AND ORDERS. (a)
192	192	Notwithstanding any other law, the office may deliver a decision or
193	193	order issued by the office using:
194	194	(1) an electronic filing system, as defined by Section
195	195	72.031, that is approved by the Office of Court Administration of
196	196	the Texas Judicial System; or
197	197	(2) a method of electronic delivery other than the
198	198	system described by Subdivision (1), including by e-mail sent to
199	199	the current e-mail address of the party's attorney of record or, if
200	200	the party is not represented by counsel, to the party's current
201	201	e-mail address.
202	202	(b) The office may require a party and the party's attorney
203	203	of record to provide and maintain an e-mail address on file with the
204	204	office for the purpose of receiving electronic delivery of
205	205	documents and communications from the office.
206	206	SECTION 9. Section 40.066, Human Resources Code, is amended
207	207	to read as follows:
208	208	Sec. 40.066. HEARINGS CONDUCTED BY [COOPERATION WITH] STATE
209	209	OFFICE OF ADMINISTRATIVE HEARINGS. (a) If the State Office of
210	210	Administrative Hearings conducts a contested case hearing for the
211	211	department under Chapter 2001, Government Code, the [Except as
212	212	provided by Subsection (e), the department and the chief
213	213	administrative law judge of the State Office of Administrative
214	214	Hearings shall adopt a memorandum of understanding under which the
215	215	State Office of Administrative Hearings, on behalf of the
216	216	department, conducts all contested case hearings authorized or
217	217	required by law to be conducted by the department under the
218	218	administrative procedure law, Chapter 2001, Government Code.
219	219	[(b) The memorandum of understanding shall require the
220	220	chief administrative law judge, the department, and the
221	221	commissioner to cooperate in connection with a contested case
222	222	hearing and may authorize the State Office of Administrative
223	223	Hearings to perform any administrative act, including the giving of
224	224	notice, that is required to be performed by the department or
225	225	commissioner.
226	226	[(c) The] administrative law judge who conducts the [a
227	227	contested case] hearing [for the State Office of Administrative
228	228	Hearings on behalf of the department] shall enter the final
229	229	decision in the case after completion of the hearing.
230	230	[(d) The department by interagency contract shall reimburse
231	231	the State Office of Administrative Hearings for the costs incurred
232	232	in conducting contested case hearings for the department. The
233	233	department may pay an hourly fee for the costs of conducting those
234	234	hearings or a fixed annual fee negotiated biennially by the
235	235	department and the State Office of Administrative Hearings to
236	236	coincide with the department's legislative appropriations
237	237	request.]
238	238	(b) [(e)] This section does not apply to a personnel
239	239	grievance hearing involving a department employee.
240	240	(c) [(f)] Unless otherwise agreed by all parties to a
241	241	contested case, a hearing conducted by the State Office of
242	242	Administrative Hearings on behalf of the department under this
243	243	section must be held in the department's administrative region in
244	244	which the conduct at issue in the case occurred.
245	245	SECTION 10. Section 402.073, Labor Code, is amended to read
246	246	as follows:
247	247	Sec. 402.073. HEARINGS CONDUCTED BY [COOPERATION WITH]
248	248	STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) [The commissioner
249	249	and the chief administrative law judge of the State Office of
250	250	Administrative Hearings shall adopt a memorandum of understanding
251	251	governing administrative procedure law hearings under this
252	252	subtitle conducted by the State Office of Administrative Hearings
253	253	in the manner provided for a contested case hearing under Chapter
254	254	2001, Government Code. The memorandum of understanding must
255	255	address the payment of costs by parties to a medical fee dispute
256	256	under Section 413.0312.
257	257	[(b)] In a case in which a hearing is conducted by the State
258	258	Office of Administrative Hearings under Section 413.031 or 413.055,
259	259	the administrative law judge who conducts the hearing for the State
260	260	Office of Administrative Hearings shall enter the final decision in
261	261	the case after completion of the hearing.
262	262	(b) [(c)] In a case in which a hearing is conducted in
263	263	conjunction with Section [402.072,] 407.046, 408.023, 415.0215, or
264	264	415.034, and in other cases under this subtitle that are not subject
265	265	to Subsection (a) [(b)], the administrative law judge who conducts
266	266	the hearing for the State Office of Administrative Hearings shall
267	267	propose a decision to the commissioner for final consideration and
268	268	decision by the commissioner.
269	269	(c) [(d)] The notice of the commissioner's order must
270	270	include a statement of the right of the person to judicial review of
271	271	the order.
272	272	(d) [(e)] In issuing an order under this section, the
273	273	commissioner shall comply with the requirements applicable to a
274	274	state agency under Section 2001.058, Government Code.
275	275	SECTION 11. Section 524.032(b), Transportation Code, is
276	276	amended to read as follows:
277	277	(b) A hearing shall be rescheduled if, before the fifth day
278	278	before the date scheduled for the hearing, the person who requested
279	279	the hearing requests a [request for a] continuance [from the person
280	280	who requested the hearing is received in accordance with the
281	281	memorandum of understanding adopted under Section 524.033(c)].
282	282	Unless both parties agree otherwise, the hearing shall be
283	283	rescheduled for a date not earlier than the 30th [fifth] day after
284	284	the date the request for continuance is granted [received].
285	285	SECTION 12. The following provisions are repealed:
286	286	(1) Sections 2003.021(c) and (d), 2003.024(a-2),
287	287	2003.046, 2003.050(c), and 2003.108, Government Code;
288	288	(2) Section 22.018, Human Resources Code; and
289	289	(3) Sections 524.033(c) and (d), 524.034, and
290	290	724.041(e), Transportation Code.
291	291	SECTION 13. Effective September 1, 2023, Section 40.004,
292	292	Insurance Code, is repealed.
293	293	SECTION 14. Except as otherwise provided by this Act, this
294	294	Act takes effect immediately if it receives a vote of two-thirds of
295	295	all the members elected to each house, as provided by Section 39,
296	296	Article III, Texas Constitution. If this Act does not receive the
297	297	vote necessary for immediate effect, this Act takes effect
298	298	September 1, 2023.