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.
   1-20        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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