H.B. No. 2511
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.
1-11 SECTION 2. Section 19(a), Administrative Procedure and Texas
1-12 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), is
1-13 amended to read as follows:
1-14 (a) A person who (i) participated in the administrative
1-15 hearing process, (ii) has exhausted all administrative remedies
1-16 available within the agency, and (iii) <who> is aggrieved by a
1-17 final decision in a contested case is entitled to judicial review
1-18 under this Act. To establish a justiciable interest and perfect a
1-19 judicial appeal under this section, a person must allege and
1-20 demonstrate that he has suffered specific, adverse injury or damage
1-21 other than merely as a member of the general public. This section
1-22 is cumulative of other means of redress provided by statute.
1-23 SECTION 3. This Act takes effect September 1, 1993.
2-1 SECTION 4. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.