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


Office of House Bill AnalysisH.B. 3740
By: Greenberg
Human Services
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, contested cases concerning the Department of Protective and
Regulatory Services (DPRS) must be held at the State Office of
Administrative Hearings (SOAH).  SOAH rules require DPRS hearings conducted
by SOAH to be held in Austin.  DPRS rules indicate that hearings will 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 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.