HBA-MPA H.B. 2443 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2443
By: Woolley
Transportation
4/11/1999
Introduced



BACKGROUND AND PURPOSE 

The United States Congress created a federal administrative judiciary under
Article I (9) of the U.S. Constitution which provides the congress with the
authority to create tribunals inferior to the U.S. Supreme Court.  Under
that authority congress established the office of administrative law judges
(5 U.S.C. 3105).  It has been determined by both congress and the U.S.
courts that federal administrative law judges are entitled to use the title
"judge."  18 U.S.C. 1114 makes it a felony to assault or threaten any
federal judge or immediate member of the judge's family, including federal
administrative law judges. 

When Section 502.297(g)(1), Transportation Code, was enacted in 1997,
federal administrative law judges were not included in the definition of
"federal judge" for the purposes of issuing special state license plates.
Prior to this federal administrative law judges had been included in this
definition, and were routinely issued special license plates for at least
four years before the change in 1997.  A presiding judge of an
administrative judicial district is included in the definition of "state
judge" in Subsection (g).  Administrative law judges often deal with
desperate and sometimes homicidal and mentally ill individuals.  The
special license plates contribute to the safety of both the judges and
their families by allowing the police and the FBI to readily identify them
in the event of an emergency.  H.B. 2443 adds federal administrative law
judges to the definition of "federal judge" for the purposes of the
issuance of special state license plates. 


RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 502.297(g)(1), Transportation Code, by adding a
federal administrative law judge to the meaning of "federal judge" in this
section (State and Federal Judges). 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.