By Hilbert 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 purpose 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, in the event that a license issued by a State agency is
1-19 determined to be defective, the licensee may continue to operate
1-20 pursuant to the license provided that the licensee proceeds in good
1-21 faith to rectify the defect at the earliest possible time.
1-22 (1) If the correction of the defect requires
1-23 additional hearings before the agency, the operating authority
2-1 under the license shall be extended until such time as all hearings
2-2 have been completed and the agency issues a final decision on the
2-3 subject of the hearing. Provided, however, that in the event that
2-4 the correction of a defect requires additional hearings before the
2-5 State agency, the hearings shall be limited in scope to the
2-6 specific defect or defects identified.
2-7 (2) This subsection shall apply to all licenses issued
2-8 by the State agency on or after January 1, 1989.
2-9 (3) This subsection shall not apply to any defects
2-10 which create a material risk to the public health, safety or the
2-11 environment nor shall this subsection be deemed to apply in
2-12 situations where the State agency is acting pursuant to its
2-13 enforcement powers.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended,
2-19 and that this Act take effect and be in force from and after its
2-20 passage, and it is so enacted.