| 1 | 1 | | 89R11695 JON-F |
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| 2 | 2 | | By: Bumgarner H.B. No. 3146 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to certain hearings conducted by the State Office of |
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| 10 | 10 | | Administrative Hearings. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Section 12.032, Agriculture Code, |
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| 13 | 13 | | is amended to read as follows: |
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| 14 | 14 | | Sec. 12.032. HEARINGS CONDUCTED BY [COOPERATION WITH] STATE |
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| 15 | 15 | | OFFICE OF ADMINISTRATIVE HEARINGS. |
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| 16 | 16 | | SECTION 2. The heading to Section 40.066, Human Resources |
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| 17 | 17 | | Code, is amended to read as follows: |
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| 18 | 18 | | Sec. 40.066. HEARINGS CONDUCTED BY [COOPERATION WITH] STATE |
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| 19 | 19 | | OFFICE OF ADMINISTRATIVE HEARINGS. |
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| 20 | 20 | | SECTION 3. Section 40.066(c), Human Resources Code, is |
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| 21 | 21 | | amended to read as follows: |
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| 22 | 22 | | (c) If the State Office of Administrative Hearings conducts |
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| 23 | 23 | | a contested case hearing for the department under Chapter 2001, |
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| 24 | 24 | | Government Code, the [The] administrative law judge who conducts |
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| 25 | 25 | | the [a contested case] hearing [for the State Office of |
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| 26 | 26 | | Administrative Hearings on behalf of the department] shall enter |
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| 27 | 27 | | the final decision in the case after completion of the hearing. |
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| 28 | 28 | | SECTION 4. The heading to Section 402.073, Labor Code, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | Sec. 402.073. HEARINGS CONDUCTED BY [COOPERATION WITH] |
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| 31 | 31 | | STATE OFFICE OF ADMINISTRATIVE HEARINGS. |
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| 32 | 32 | | SECTION 5. Section 402.073(c), Labor Code, is amended to |
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| 33 | 33 | | read as follows: |
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| 34 | 34 | | (c) In a case in which a hearing is conducted in conjunction |
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| 35 | 35 | | with Section [402.072,] 407.046, 408.023, or 415.034, and in other |
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| 36 | 36 | | cases under this subtitle that are not subject to Subsection (b), |
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| 37 | 37 | | the administrative law judge who conducts the hearing for the State |
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| 38 | 38 | | Office of Administrative Hearings shall propose a decision to the |
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| 39 | 39 | | commissioner for final consideration and decision by the |
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| 40 | 40 | | commissioner. |
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| 41 | 41 | | SECTION 6. Section 524.032(b), Transportation Code, is |
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| 42 | 42 | | amended to read as follows: |
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| 43 | 43 | | (b) A hearing shall be rescheduled if, before the fifth day |
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| 44 | 44 | | before the date scheduled for the hearing, a request for a |
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| 45 | 45 | | continuance from the person who requested the hearing is received |
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| 46 | 46 | | by the State Office of Administrative Hearings [in accordance with |
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| 47 | 47 | | the memorandum of understanding adopted under Section 524.033(c)]. |
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| 48 | 48 | | Unless both parties agree otherwise, the hearing shall be |
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| 49 | 49 | | rescheduled for a date not earlier than the fifth day after the date |
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| 50 | 50 | | the request for continuance is received. |
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| 51 | 51 | | SECTION 7. The following provisions are repealed: |
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| 52 | 52 | | (1) Sections 12.032(a) and (e), Agriculture Code; |
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| 53 | 53 | | (2) Section 22.018, Human Resources Code; |
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| 54 | 54 | | (3) Sections 40.066(a), (b), and (d), Human Resources |
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| 55 | 55 | | Code; |
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| 56 | 56 | | (4) Section 40.004, Insurance Code; |
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| 57 | 57 | | (5) Section 402.073(a), Labor Code; and |
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| 58 | 58 | | (6) Sections 524.033(c) and (d), Transportation Code. |
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| 59 | 59 | | SECTION 8. This Act takes effect September 1, 2025. |
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