HBA-LCA H.B. 3024 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3024
By: Dutton
Urban Affairs
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

In a municipality with a population of 1.5 million or more, current law
prohibits ex parte communications with a civil service commission or
hearing examiner by either party, while allowing the submission of written
motions or briefs if copies are served on the opposing party.  H.B. 3024
expands this provision by providing that written briefs or arguments may be
submitted only when the hearing official requests them from both parties,
and provides at least 14 hours for reply. 

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 143.1018(a), Local Government Code, as follows:

(a)  Includes a party to a hearing or the party's representative as
entities who are prohibited from communication with a civil service
commission, a hearing examiner, or a grievance examiner, unless to offer
sworn testimony or argument, in addition to testimony, and unless all
parties are present, rather than the other party. Provides that it is not a
violation for either party to file written motions, rather than written
briefs and written motions. Provides that either party may file written
briefs or argument upon request of the commission or examiner. Requires
such requests to be in writing and be served to all parties to the hearing
or their representatives.  Requires such requests to provide a minimum
response time of 14 hours. Makes conforming changes. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.