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