HBA-DMD, RBT H.B. 3740 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3740
By: Greenberg
Human Services
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Contested cases concerning the Department of Protective and Regulatory
Services (DPRS) must be held at the State Office of Administrative Hearings
(SOAH). Prior to the 76th Legislature, SOAH rules required DPRS hearings
conducted by SOAH to be held in Austin. DPRS rules indicated that hearings
should be held in the region where the contested decision occurred, but the
SOAH rules override DPRS rules. 

H.B. 3740 establishes that DPRS contested case hearings will be held in the
department's administrative region where the conduct in question occurred.

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 40.066, Human Resources Code, by adding
Subsection (f), as follows: 

(f) Provides that unless otherwise agreed by all parties to a contested
case, a hearing conducted by the State Office of Administrative Hearings on
behalf of the Department of Protective and Regulatory Services (DPRS) under
this section must be held in DPRS's administrative region in which the
conduct at issue in the case occurred. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.