Texas 2025 - 89th Regular

Texas House Bill HB940 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Harrison H.B. No. 940
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to decisions of an administrative law judge of the State
9	9	Office of Administrative Hearings in contested cases.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 2001.058(e), (e-1), and (f), Government
12	12	Code, are amended to read as follows:
13	13	(e) [A state agency may change a finding of fact or
14	14	conclusion of law made by the administrative law judge, or may
15	15	vacate or modify an order issued by the administrative judge, only
16	16	if the agency determines:
17	17	[(1) that the administrative law judge did not
18	18	properly apply or interpret applicable law, agency rules, written
19	19	policies provided under Subsection (c), or prior administrative
20	20	decisions;
21	21	[(2) that a prior administrative decision on which the
22	22	administrative law judge relied is incorrect or should be changed;
23	23	or
24	24	[(3) that a technical error in a finding of fact should
25	25	be changed.
26	26	[The agency shall state in writing the specific reason and
27	27	legal basis for a change made under this subsection.
28	28	[(e-1)] Notwithstanding any other law, the administrative
29	29	law judge who conducts a contested case hearing shall render the
30	30	final decision in the contested case. The final decision rendered
31	31	by the administrative law judge is considered a final decision of
32	32	the state agency on behalf of which the hearing is being conducted.
33	33	A [Subsection (e), a] state agency may not change a finding of fact
34	34	or conclusion of law made by the administrative law judge and may
35	35	not vacate or modify an order of an administrative law judge [that
36	36	awards attorney's fees and costs under Section 2001.903].
37	37	(f) The [A state agency by rule may provide that, in a
38	38	contested case before the agency that concerns licensing in
39	39	relation to an occupational license and that is not disposed of by
40	40	stipulation, agreed settlement, or consent order, the
41	41	administrative law judge shall render the final decision in the
42	42	contested case. If a state agency adopts such a rule, the]
43	43	following provisions apply to contested cases finally decided by
44	44	the administrative law judge [covered by the rule]:
45	45	(1) the administrative law judge shall render the
46	46	decision that may become final under Section 2001.144 not later
47	47	than the 60th day after the latter of the date on which the hearing
48	48	is finally closed or the date by which the judge has ordered all
49	49	briefs, reply briefs, and other posthearing documents to be filed,
50	50	and the 60-day period may be extended only with the consent of all
51	51	parties[, including the occupational licensing agency];
52	52	(2) the administrative law judge's decision [judge]
53	53	shall include [in the] findings of fact and conclusions of law [a
54	54	determination whether the license at issue is primarily a license
55	55	to engage in an occupation];
56	56	(3) the State Office of Administrative Hearings is the
57	57	state agency with which a motion for rehearing or a reply to a
58	58	motion for rehearing is filed under Section 2001.146 and is the
59	59	state agency that acts on the motion or extends a time period under
60	60	Section 2001.146;
61	61	(4) the State Office of Administrative Hearings is the
62	62	state agency responsible for sending a copy of the decision that may
63	63	become final under Section 2001.144 or an order ruling on a motion
64	64	for rehearing to the parties[, including the occupational licensing
65	65	agency,] in accordance with Section 2001.142; and
66	66	(5) the state [occupational licensing] agency and any
67	67	other party to the contested case is entitled to obtain judicial
68	68	review of the final decision in accordance with this chapter.
69	69	SECTION 2. Section 2003.042(a), Government Code, is amended
70	70	to read as follows:
71	71	(a) An administrative law judge employed by the office or a
72	72	temporary administrative law judge may:
73	73	(1) administer an oath;
74	74	(2) take testimony;
75	75	(3) rule on a question of evidence;
76	76	(4) issue an order relating to discovery or another
77	77	hearing or prehearing matter, including an order imposing a
78	78	sanction;
79	79	(5) issue an order that refers a case to an alternative
80	80	dispute resolution procedure, determines how the costs of the
81	81	procedure will be apportioned, and appoints an impartial third
82	82	party as described by Section 2009.053 to facilitate that
83	83	procedure;
84	84	(6) issue a proposal for decision that includes
85	85	findings of fact and conclusions of law;
86	86	(7) [if expressly authorized by a state agency rule
87	87	adopted under Section 2001.058(f),] make the final decision in a
88	88	contested case;
89	89	(8) serve as an impartial third party as described by
90	90	Section 2009.053 for a dispute referred by an administrative law
91	91	judge, unless one of the parties objects to the appointment; and
92	92	(9) serve as an impartial third party as described by
93	93	Section 2009.053 for a dispute referred by a government agency
94	94	under a contract.
95	95	SECTION 3. The following provisions of the Government Code
96	96	are repealed:
97	97	(1) Section 2001.058(d-1); and
98	98	(2) Section 2003.051.
99	99	SECTION 4. The changes in law made by this Act apply only to
100	100	a contested case hearing that is commenced on or after the effective
101	101	date of this Act. A contested case hearing commenced before that
102	102	date is governed by the law in effect on the date the hearing
103	103	commenced, and the former law is continued in effect for that
104	104	purpose.
105	105	SECTION 5. This Act takes effect September 1, 2025.