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.