1-1 By: Hilbert (Senate Sponsor - Henderson) H.B. No. 2512
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 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 continued operation under a license after judicial
1-18 review of a contested case.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. It is the intent of the legislature in enacting
1-21 this subsection to provide for the continuity of businesses and
1-22 activities licensed or permitted by the state. The legislature
1-23 hereby finds and declares that the interruption of licensed
1-24 businesses or activities due to clerical or procedural defects in
1-25 the license is harmful to the public interests of the state and
1-26 that this subsection is enacted for the purpose of avoiding such
1-27 interruptions when they are not necessitated by direct and
1-28 substantiated concerns for public health, safety, or the
1-29 environment.
1-30 SECTION 2. Section 19, Administrative Procedure and Texas
1-31 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), is
1-32 amended by adding Subsection (h) to read as follows:
1-33 (h) Notwithstanding any other section of this Act or other
1-34 acts, if the reviewing court reverses an agency order for
1-35 procedural or clerical defects and remands the case to the agency
1-36 or lower court, the licensee under the order may continue to
1-37 operate pursuant to the license (i) if the defect is one that is
1-38 subject to correction by the agency or other authority; or (ii) if
1-39 the defect is one that is subject to correction by the licensee and
1-40 the licensee files a notice in writing within 30 days after remand
1-41 to the agency or other authority of its intent to correct the
1-42 defect and within 90 days thereafter files a correction submission
1-43 of the defect with the agency. If the licensee's correction
1-44 submission meets or exceeds the requirements of the applicable law,
1-45 the agency shall accept such submission.
1-46 (1) If the reviewing court reverses an agency order
1-47 and remands the case, the agency or other authority on remand is
1-48 limited solely to the consideration and correction of the error or
1-49 errors addressed in the opinion or order of the court.
1-50 (2) This subsection shall apply to all licenses issued
1-51 by the state agency on or after January 1, 1989.
1-52 (3) This subsection shall not apply to any defects
1-53 that create a material risk to the public health, safety, or the
1-54 environment nor shall this subsection be deemed to apply in
1-55 situations where the state agency is acting pursuant to its
1-56 enforcement powers. The term "material risk," as used herein,
1-57 means a significant danger to the public health, safety, or the
1-58 environment that cannot be corrected by the licensee's proposed
1-59 correction.
1-60 SECTION 3. The importance of this legislation and the
1-61 crowded condition of the calendars in both houses create an
1-62 emergency and an imperative public necessity that the
1-63 constitutional rule requiring bills to be read on three several
1-64 days in each house be suspended, and this rule is hereby suspended,
1-65 and that this Act take effect and be in force from and after its
1-66 passage, and it is so enacted.
1-67 * * * * *
1-68 Austin,
2-1 Texas
2-2 May 18, 1993
2-3 Hon. Bob Bullock
2-4 President of the Senate
2-5 Sir:
2-6 We, your Committee on Jurisprudence to which was referred H.B.
2-7 No. 2512, have had the same under consideration, and I am
2-8 instructed to report it back to the Senate with the recommendation
2-9 that it do pass and be printed.
2-10 Henderson,
2-11 Chairman
2-12 * * * * *
2-13 WITNESSES
2-14 FOR AGAINST ON
2-15 ___________________________________________________________________
2-16 Name: Alexander J. Gonzales x
2-17 Representing:
2-18 City: Austin
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