The text as introduced · 427 words
89R11695 JON-F
By: Bumgarner
H.B. No. 3146
A BILL TO BE ENTITLED
AN ACT
relating to certain hearings conducted by the State Office of
Administrative Hearings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 12.032, Agriculture Code,
is amended to read as follows:
Sec. 12.032. HEARINGS CONDUCTED BY [ COOPERATION WITH ] STATE
OFFICE OF ADMINISTRATIVE HEARINGS.
SECTION 2. The heading to Section 40.066, Human Resources
Code, is amended to read as follows:
Sec. 40.066. HEARINGS CONDUCTED BY [ COOPERATION WITH ] STATE
OFFICE OF ADMINISTRATIVE HEARINGS.
SECTION 3. Section 40.066(c), Human Resources Code, is
amended to read as follows:
(c) If the State Office of Administrative Hearings conducts
a contested case hearing for the department under Chapter 2001,
Government Code, the [ The ] administrative law judge who conducts
the [ a contested case ] hearing [ for the State Office of
Administrative Hearings on behalf of the department ] shall enter
the final decision in the case after completion of the hearing.
SECTION 4. The heading to Section 402.073, Labor Code, is
amended to read as follows:
Sec. 402.073. HEARINGS CONDUCTED BY [ COOPERATION WITH ]
STATE OFFICE OF ADMINISTRATIVE HEARINGS.
SECTION 5. Section 402.073(c), Labor Code, is amended to
read as follows:
(c) In a case in which a hearing is conducted in conjunction
with Section [ 402.072, ] 407.046, 408.023, or 415.034, and in other
cases under this subtitle that are not subject to Subsection (b),
the administrative law judge who conducts the hearing for the State
Office of Administrative Hearings shall propose a decision to the
commissioner for final consideration and decision by the
commissioner.
SECTION 6. Section 524.032(b), Transportation Code, is
amended to read as follows:
(b) A hearing shall be rescheduled if, before the fifth day
before the date scheduled for the hearing, a request for a
continuance from the person who requested the hearing is received
by the State Office of Administrative Hearings [ in accordance with
the memorandum of understanding adopted under Section 524.033(c) ].
Unless both parties agree otherwise, the hearing shall be
rescheduled for a date not earlier than the fifth day after the date
the request for continuance is received.
SECTION 7. The following provisions are repealed:
(1) Sections 12.032(a) and (e), Agriculture Code;
(2) Section 22.018, Human Resources Code;
(3) Sections 40.066(a), (b), and (d), Human Resources
Code;
(4) Section 40.004, Insurance Code;
(5) Section 402.073(a), Labor Code; and
(6) Sections 524.033(c) and (d), Transportation Code.
SECTION 8. This Act takes effect September 1, 2025.
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