Texas House Bill HB940

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to decisions of an administrative law judge of the State Office of Administrative Hearings in contested cases.

Impact

One significant aspect of HB 940 is the clarification that state agencies will have limited authority to alter factual findings or legal conclusions made by an ALJ. This change could significantly enhance the independence of the SOAH and reduce instances where state agencies might previously have modified ALJ decisions to align with their own interests. The bill also establishes a stringent timeline for the issuance of decisions, mandating that ALJs arrive at a final ruling no later than 60 days after a hearing concludes, barring mutual consent for extension.

Summary

House Bill 940 seeks to amend various provisions of the Government Code relating to the decisions made by administrative law judges (ALJs) at the State Office of Administrative Hearings (SOAH) in contested cases. The bill proposes changes that would clarify and enhance the authority of the ALJs to render final decisions, which would subsequently be recognized as definitive outcomes on behalf of the state agency involved. By ensuring that only the administrative law judge who conducts a hearing can make final rulings, the bill aims to streamline the adjudication process within the state's administrative framework.

Conclusion

Overall, HB 940 appears to be a step towards fortifying the role and independence of the State Office of Administrative Hearings in Texas, emphasizing the integrity of administrative law decisions. As the bill progresses through the legislative process, detailed analysis and discussion will be crucial to address potential concerns that may arise from its implementation. The expected effective date of the changes set for September 1, 2025, provides a timeline for consideration and finalization of these amendments.

Contention

There is potential for debate surrounding the implications of HB 940. Proponents argue that increasing the decisional authority of ALJs will improve fairness in contested cases and prevent potential political influences from state agencies. However, critics might raise concerns about the balance of power, suggesting that this bill may lead to discrepancies in how administrative law is applied across different state agencies. While the intent is to promote a more consistent adjudication process, there may be worries about the lack of checks on the decisions made by ALJs.

Texas Constitutional Statutes Affected

Government Code

• Chapter 2001. Administrative Procedure
  • Section: New Section

• Chapter 2003. State Office Of Administrative Hearings
  • Section: 042