HB 23 CS (2003) -  Administrative Procedures

General Bill by Spratt (CO-SPONSORS) Allen; Brummer; Mayfield
Administrative Procedures: Revises the definition of “invalid exercise of delegated legislative authority"; revises language with respect to incorporation of rules by reference; provides requirements with respect to the application of alleged facts to specific rules or statutes; provides that hearings on rule challenges shall be de novo in nature; provides for burden and standard of proof; changes the timeframe for publishing proposed rules where agency statements are challenged to moot such challenge; provides that challenges to agency statements may be abated pending rulemaking; provides that a determination that such rule is an invalid exercise of delegated legislative authority shall prohibit the agency from enforcing its statement or certain similar statements; revises language with respect to decisions which affect substantial interests; provides for initial scheduling orders by the administrative law judge; provides for a discovery period; revises language with respect to additional procedures applicable to hearings involving disputed issues of material fact; provides that an order relinquishing jurisdiction shall be rendered under certain circumstances; provides circumstances which excuse an agency from ruling on an exception to a recommended order; limits the authority of agencies to reject or modify conclusions of law and interpretations of administrative rules in recommended orders; redefines the term “improper purpose” and conforms a cross reference; provides for the award of reasonable attorney’s fees and costs under certain circumstances; provides for nonexclusivity; revises language with respect to licensing; provides that licenses considered approved as a condition of time may still be subject to satisfactory completion of an examination; requires written notice of intent to rely on a default license; revises language with respect to judicial review; provides additional grounds for certain petitions challenging an agency rule as an invalid exercise of delegated legislative authority; provides administrative law judges authority to award attorney's fees and damages in certain administrative proceedings; provides for appeal; increases the cap on attorney’s fees in civil actions and administrative proceedings initiated by state agencies.
Companion Bill passed CS/CS/SB 1584 Administrative Procedures By Judiciary and Governmental Oversight and Productivity and Aronberg
Effective Date: This act shall take effect upon becoming a law
Last Event: Companion Bill passed, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 1584 on Wednesday, April 30, 2003 11:21 AM; HB Laid on Table

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: CS/CS/SB 1584 Subject: Administrative Procedures Relationship: Similar

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Appropriations 5/1/2003 10:41:46 AM
Chamber: House Committee: Appropriations 4/21/2003 12:33:31 PM
Chamber: House Committee: Subcommittee on Commerce & Local Affairs Appropriations 4/11/2003 8:40:07 PM
Chamber: House Committee: Subcommittee on Commerce & Local Affairs Appropriations 4/10/2003 12:33:37 PM
Chamber: House Committee: State Administration 3/27/2003 4:00:13 PM
Chamber: House Committee: Judiciary 3/6/2003 11:35:35 AM
Chamber: House Committee: Judiciary 2/18/2003 3:24:00 PM

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/SB 1584 Time: 04/30/2003 - 11:21 AM Member: Committee: Version:
Event: H Substituted CS/CS/SB 1584 Time: 04/30/2003 - 11:21 AM Member: Committee: Version:
Event: H Bill added to Special Order Calendar (04/30/2003) Time: 04/29/2003 - 1:40 AM Member: Committee: Version:
Event: H Amendment 573607 filed timely Time: 04/24/2003 - 10:56 PM Member: Committee: Version: c3
Event: H Bill added to Second Reading Calendar Time: 04/24/2003 - 4:17 PM Member: Committee: Version:
Event: H Bill released to House Calendar Time: 04/24/2003 - 4:17 PM Member: Committee: Version:
Event: H Recommendation: CS by Appropriations ; Pending Review of CS under Rule 6.3 Time: 04/23/2003 - 6:48 PM Member: Committee: Appropriations Version:
Event: H Bill passed referred committee Time: 04/23/2003 - 6:48 PM Member: Committee: Appropriations Version:
Event: H Bill reported out of committee meeting Time: 04/23/2003 - 6:48 PM Member: Committee: Appropriations Version:
Event: H Bill added to Appropriations agenda Time: 04/18/2003 - 4:18 PM Member: Committee: Appropriations Version:
Event: H Bill now in Appropriations Time: 04/11/2003 - 4:08 PM Member: Committee: Appropriations Version:
Event: H Bill Passed referred committee with amendment(s) Time: 04/11/2003 - 4:08 PM Member: Committee: Subcommittee on Commerce & Local Affairs Appropriations Version:
Event: H Bill reported out of committee meeting Time: 04/11/2003 - 4:08 PM Member: Committee: Subcommittee on Commerce & Local Affairs Appropriations Version:
Event: H Bill added to Subcommittee on Commerce & Local Affairs Appropriations agenda Time: 04/09/2003 - 4:07 PM Member: Committee: Subcommittee on Commerce & Local Affairs Appropriations Version:
Event: H Recommendation: CS by State Administration ; Pending Review of CS under Rule 6.3 Time: 04/03/2003 - 2:05 PM Member: Committee: State Administration Version:
Event: H Filed timely Time: 04/03/2003 - 2:04 PM Member: Committee: Version:
Event: H Bill passed referred committee Time: 04/03/2003 - 1:24 PM Member: Committee: State Administration Version:
Event: H Bill reported out of committee meeting Time: 04/03/2003 - 1:24 PM Member: Committee: State Administration Version:
Event: H Bill added to State Administration agenda Time: 03/27/2003 - 3:29 PM Member: Committee: State Administration Version:
Event: H Bill referred to Appropriations Time: 03/12/2003 - 4:24 PM Member: Committee: Appropriations Version:
Event: H Bill referred to Subcommittee on Commerce & Local Affairs Appropriations Time: 03/12/2003 - 4:24 PM Member: Committee: Subcommittee on Commerce & Local Affairs Appropriations Version:
Event: H Bill passed referred committee Time: 03/12/2003 - 3:59 PM Member: Committee: Judiciary Version:
Event: H Bill reported out of committee meeting Time: 03/12/2003 - 3:59 PM Member: Committee: Judiciary Version:
Event: H Recommendation: CS by Judiciary ; Pending Review of CS under Rule 6.3 Time: 03/11/2003 - 6:39 PM Member: Committee: Judiciary Version:
Event: H Filed timely Time: 03/11/2003 - 6:39 PM Member: Spratt Committee: Version:
Event: H 1st Reading Time: 03/04/2003 - 10:30 AM Member: Committee: Version:
Event: H Bill added to Judiciary agenda Time: 02/07/2003 - 3:33 PM Member: Committee: Judiciary Version:
Event: H Bill referred to State Administration Time: 01/09/2003 - 1:12 PM Member: Committee: State Administration Version:
Event: H Bill referred to Judiciary Time: 01/09/2003 - 1:12 PM Member: Committee: Judiciary Version:
Event: H File timely Time: 12/17/2002 - 3:56 PM Member: Spratt Committee: Version:

Statutes Referenced by this Bill

Statute Other Bill Citations
57.105
57.111
120.52 HB 993, HB 1425 CS, HB 1803
120.54
120.56
120.569
120.57
120.595
120.60
120.68 HB 1723