By:  Wilson                                           H.B. No. 2042
       73R6606 JRD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a state agency's modification of its findings or
    1-3  decision in a contested case while the case is on appeal to the
    1-4  courts.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 19, Administrative Procedure and Texas
    1-7  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), is
    1-8  amended by adding Subsection (h) to read as follows:
    1-9        (h)  Except as provided by Subsection (d)(2) of this section,
   1-10  after proceedings for review of a contested case have been
   1-11  instituted under Subsection (b) of this section an agency may not
   1-12  modify its findings or decision in the case during the time that
   1-13  the case is under judicial review.
   1-14        SECTION 2.  The importance of this legislation and the
   1-15  crowded condition of the calendars in both houses create an
   1-16  emergency and an imperative public necessity that the
   1-17  constitutional rule requiring bills to be read on three several
   1-18  days in each house be suspended, and this rule is hereby suspended,
   1-19  and that this Act take effect and be in force from and after its
   1-20  passage, and it is so enacted.