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. The Administrative Procedure and Texas Register
1-5 Act, Tex. Rev. Civ. Stat. Ann. art. 6252-13a, section 3(5) 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 privileges
1-13 affected by the contested case proceeding.
1-14 SECTION 2. The Administrative Procedure and Texas Register
1-15 Act, Tex. Rev. Civ. Stat. Ann. art. 6252-13a, section 19(a) is
1-16 amended to read as follows:
1-17 A person who i) participated in the administrative hearing
1-18 process; ii) has exhausted all administrative remedies available
1-19 within the agency; and iii) is aggrieved by a final decision in a
1-20 contested case is entitled to judicial review under this Act. To
1-21 establish a justiciable interest and perfect a judicial appeal
1-22 under this section, a person must allege and demonstrate that he
1-23 has suffered specific, adverse injury or damage other than merely
2-1 as a member of the general public. This section is cumulative of
2-2 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 such 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.