By Hilbert                                            H.B. No. 2511
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to administrative hearings and appeals.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 3(5), Administrative Procedure and Texas
    1-5  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), is
    1-6  amended to read as follows:
    1-7              (5)  "Party" means each person or agency named or
    1-8  admitted as a party.  With respect to agencies, the term means a
    1-9  state agency or agencies either required or permitted to
   1-10  participate in the contested case proceeding.  With respect to
   1-11  persons, the term means a person who has alleged and demonstrated a
   1-12  justiciable interest pursuant to legal rights, duties, or
   1-13  privileges affected by the contested case proceeding.
   1-14        SECTION 2.  Section 19(a), Administrative Procedure and Texas
   1-15  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), is
   1-16  amended to read as follows:
   1-17        (a)  A person who (i) participated in the administrative
   1-18  hearing process, (ii) has exhausted all administrative remedies
   1-19  available within the agency, and (iii) <who> is aggrieved by a
   1-20  final decision in a contested case is entitled to judicial review
   1-21  under this Act.  To establish a justiciable interest and perfect a
   1-22  judicial appeal under this section, a person must allege and
   1-23  demonstrate that he has suffered specific, adverse injury or damage
    2-1  other than merely as a member of the general public.  This section
    2-2  is cumulative of other means of redress provided by statute.
    2-3        SECTION 3.  This Act takes effect September 1, 1993.
    2-4        SECTION 4.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.