BILL ANALYSIS

H.B. 3146

By: Bumgarner

Delivery of Government Efficiency

Committee Report (Unamended)

BACKGROUND AND PURPOSE

According to the State Office of Administrative Hearings, the office was established in 1993 as an independent and neutral shared services agency for hearing and mediating administrative disputes and appeals between the public and over 50 other state agencies. The SOAH hearings process is governed by Chapter 2003 of the Government Code, which sets out the requirements for agencies to refer cases to SOAH for hearing, the rules of procedure that govern hearings conducted by SOAH, and the requirements for entering into an interagency contract to cover the costs of SOAH's services. H.B. 3146 makes revisions to various codes by removing duplicative and redundant requirements for certain agencies to maintain memoranda of understanding with SOAH to govern the formal hearing procedures and associated costs.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3146 repeals the following statutory provisions relating to certain hearings conducted by the State Office of Administrative Hearings (SOAH):

·provisions relating to the requirement for the commissioner of agriculture and the chief administrative law judge of SOAH by rule to adopt a memorandum of understanding under which SOAH conducts hearings for the Department of Agriculture under the Agriculture Code;

·provisions relating to the requirement for the Health and Human Services Commission (HHSC) and the chief administrative law judge of SOAH to adopt a memorandum of understanding under which SOAH, on HHSC's behalf, conducts all contested case hearings under provisions relating to human services and protective services;

·provisions relating to the requirement for the Department of Family and Protective Services (DFPS) and the chief administrative law judge of SOAH to adopt a memorandum of understanding under which SOAH, on DFPS's behalf, conducts all contested case hearings authorized or required by law;

·provisions relating to the requirement for the commissioner of insurance and the chief administrative law judge of SOAH by rule to adopt a memorandum of understanding governing hearings conducted by SOAH under the Insurance Code or another state insurance law;

·provisions relating to the requirement for the commissioner of workers' compensation and the chief administrative law judge of SOAH to adopt a memorandum of understanding governing administrative procedure law hearings under the Texas Workers' Compensation Act conducted by SOAH; and

·provisions relating to the requirement for the Department of Public Safety (DPS) and the chief administrative law judge of SOAH to adopt and at least biennially update a memorandum of understanding establishing that SOAH has primary scheduling responsibility for a hearing under Transportation Code provisions governing hearings relating to the administrative suspension of a person's driver's license following an arrest for certain alcohol and related offenses.

H.B. 3146 amends the Agriculture Code, Human Resources Code, Labor Code, and Transportation Code to make conforming and nonsubstantive changes.

H.B. 3146 repeals the following provisions:

·Sections 12.032(a) and (e), Agriculture Code;

·Section 22.018, Human Resources Code;

·Sections 40.066(a), (b), and (d), Human Resources Code;

·Section 40.004, Insurance Code;

·Section 402.073(a), Labor Code; and

·Sections 524.033(c) and (d), Transportation Code.

EFFECTIVE DATE

September 1, 2025.