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AN ACT
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relating to the conduct of certain contested cases involving the |
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sale or lease of motor vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2301.607(c), Occupations Code, is |
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amended to read as follows: |
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(c) If the administrative law judge [hearing examiner] does |
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not issue a proposal for decision and recommend to the director a |
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final order before the 151st day after the date a complaint is filed |
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under this subchapter, the director shall provide written notice by |
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certified mail to the complainant and to the manufacturer, |
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converter, or distributor of the expiration of the 150-day period |
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and of the complainant's right to file a civil action. The board |
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shall extend the 150-day period if a delay is requested or caused by |
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the person who filed the complaint. |
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SECTION 2. Section 2301.704, Occupations Code, is amended |
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to read as follows: |
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Sec. 2301.704. ADMINISTRATIVE LAW JUDGE [HEARINGS
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EXAMINER]. (a) A hearing under this subchapter must be held by an |
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administrative law judge of the State Office of Administrative |
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Hearings [the director or a hearings examiner. A reference in this
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chapter to a hearings examiner includes the director if the
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director is conducting the hearing]. |
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(b) [A hearings examiner must be licensed to practice law in
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this state.
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[(c)] An administrative law judge [A hearings examiner] has |
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all of the board's power and authority under this chapter to conduct |
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hearings, including the power to: |
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(1) hold a hearing; |
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(2) administer an oath; |
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(3) receive pleadings and evidence; |
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(4) issue a subpoena to compel the attendance of a |
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witness; |
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(5) compel the production of papers and documents; |
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(6) issue an interlocutory order, including a cease |
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and desist order in the nature of a temporary restraining order or a |
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temporary injunction; |
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(7) make findings of fact and conclusions of law; and |
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(8) issue a proposal for decision and recommend a |
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final order. |
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SECTION 3. Section 2301.709(a), Occupations Code, is |
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amended to read as follows: |
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(a) In a contested case, the administrative law judge |
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[hearings examiner] shall serve on each party a copy of the |
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administrative law judge's [examiner's] proposal for decision and |
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recommended order containing findings of fact and conclusions of |
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law. A party may file exceptions and replies to the board. |
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SECTION 4. This Act does not affect the validity of any |
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interagency cooperation contract entered into between the Motor |
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Vehicle Board of the Texas Department of Transportation and the |
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State Office of Administrative Hearings before the effective date |
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of this Act. |
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SECTION 5. The changes in law made by this Act that relate |
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to the procedures governing a hearing before the State Office of |
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Administrative Hearings apply only to a contested case that is |
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filed on or after the effective date of this Act. A contested case |
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filed before the effective date of this Act is governed by the law |
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in effect immediately before the effective date of this Act, or by |
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an interagency cooperation contract entered into between the Motor |
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Vehicle Board of the Texas Department of Transportation and the |
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State Office of Administrative Hearings in effect on that date, and |
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the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3601 was passed by the House on May 2, |
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2007, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3601 was passed by the Senate on May |
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17, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |