By Hilbert H.B. No. 2512
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to continued operation under a license after judicial
1-3 review of a contested case.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. It is the intent of the legislature in enacting
1-6 this subsection to provide for the continuity of businesses and
1-7 activities licensed or permitted by the state. The legislature
1-8 hereby finds and declares that the interruption of licensed
1-9 businesses or activities due to clerical or procedural defects in
1-10 the license is harmful to the public interests of the state and
1-11 that this subsection is enacted for the purpose of avoiding such
1-12 interruptions when they are not necessitated by direct and
1-13 substantiated concerns for public health, safety, or the
1-14 environment.
1-15 SECTION 2. Section 19, Administrative Procedure and Texas
1-16 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), is
1-17 amended by adding Subsection (h) to read as follows:
1-18 (h) Notwithstanding any other section of this Act or other
1-19 acts, if the reviewing court reverses an agency order for
1-20 procedural or clerical defects and remands the case to the agency
1-21 or lower court, the licensee under the order may continue to
1-22 operate pursuant to the license (i) if the defect is one that is
1-23 subject to correction by the agency or other authority; or (ii) if
2-1 the defect is one that is subject to correction by the licensee and
2-2 the licensee files a notice in writing within 30 days after remand
2-3 to the agency or other authority of its intent to correct the
2-4 defect and within 90 days thereafter files a correction submission
2-5 of the defect with the agency. If the licensee's correction
2-6 submission meets or exceeds the requirements of the applicable law,
2-7 the agency shall accept such submission.
2-8 (1) If the reviewing court reverses an agency order
2-9 and remands the case, the agency or other authority on remand is
2-10 limited solely to the consideration and correction of the error or
2-11 errors addressed in the opinion or order of the court.
2-12 (2) This subsection shall apply to all licenses issued
2-13 by the state agency on or after January 1, 1989.
2-14 (3) This subsection shall not apply to any defects
2-15 that create a material risk to the public health, safety, or the
2-16 environment nor shall this subsection be deemed to apply in
2-17 situations where the state agency is acting pursuant to its
2-18 enforcement powers. The term "material risk," as used herein,
2-19 means a significant danger to the public health, safety, or the
2-20 environment that cannot be corrected by the licensee's proposed
2-21 correction.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended,
3-2 and that this Act take effect and be in force from and after its
3-3 passage, and it is so enacted.