1-1 By: Hilbert (Senate Sponsor - Henderson) H.B. No. 2511
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 18, 1993, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 18, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to administrative hearings and appeals.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Section 3(5), Administrative Procedure and Texas
1-20 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), is
1-21 amended to read as follows:
1-22 (5) "Party" means each person or agency named or
1-23 admitted as a party. With respect to agencies, the term means a
1-24 state agency or agencies either required or permitted to
1-25 participate in the contested case proceeding. With respect to
1-26 persons, the term means a person who has alleged and demonstrated a
1-27 justiciable interest pursuant to legal rights, duties, or
1-28 privileges affected by the contested case proceeding.
1-29 SECTION 2. Section 19(a), Administrative Procedure and Texas
1-30 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), is
1-31 amended to read as follows:
1-32 (a) A person who (i) participated in the administrative
1-33 hearing process, (ii) has exhausted all administrative remedies
1-34 available within the agency, and (iii) <who> is aggrieved by a
1-35 final decision in a contested case is entitled to judicial review
1-36 under this Act. To establish a justiciable interest and perfect a
1-37 judicial appeal under this section, a person must allege and
1-38 demonstrate that he has suffered specific, adverse injury or damage
1-39 other than merely as a member of the general public. This section
1-40 is cumulative of other means of redress provided by statute.
1-41 SECTION 3. This Act takes effect September 1, 1993.
1-42 SECTION 4. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended.
1-47 * * * * *
1-48 Austin,
1-49 Texas
1-50 May 18, 1993
1-51 Hon. Bob Bullock
1-52 President of the Senate
1-53 Sir:
1-54 We, your Committee on Jurisprudence to which was referred H.B.
1-55 No. 2511, have had the same under consideration, and I am
1-56 instructed to report it back to the Senate with the recommendation
1-57 that it do pass and be printed.
1-58 Henderson,
1-59 Chairman
1-60 * * * * *
1-61 WITNESSES
1-62 FOR AGAINST ON
1-63 ___________________________________________________________________
1-64 Name: Alexander J. Gonzales x
1-65 Representing:
1-66 City: Austin
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