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 2-19 -------------------------------------------------------------------