By Duncan                                              H.B. No. 812
          Substitute the following for H.B. No. 812:
          By Jones of Lubbock                                C.S.H.B. No. 812
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to procedures before administrative agencies.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 2001.024, Texas Government Code, is
    1-5  amended to read as follows:
    1-6        Sec. 2001.024.  Content of Notice.  (a)  The notice of a
    1-7  proposed rule must include:
    1-8              (1)  an <a brief> explanation of the purpose of the
    1-9  proposed rule;
   1-10              (2)  the text of the proposed rule, except any portion
   1-11  omitted under Section 2002.014, prepared in a manner to indicate
   1-12  any words to be added or deleted from the current text;
   1-13              (3)  a statement of the statutory or other authority
   1-14  under which the rule is proposed to be adopted, including:
   1-15                    (A)  a concise explanation of how the particular
   1-16  statutory or other provisions under which the rule is proposed
   1-17  authorize or require the rule;
   1-18                    (B)  the section or article of the code affected;
   1-19  and
   1-20                    (C)  a certification that the proposed rule has
   1-21  been reviewed by legal counsel and found to be within the state
   1-22  agency's authority to adopt;
   1-23              (4)  <a fiscal note showing the name and title of the
    2-1  officer or employee responsible for preparing or approving the note
    2-2  and stating for each year of the first five years that the rule
    2-3  will be in effect:>
    2-4                    <(A)  the additional estimated cost to the state
    2-5  and to local governments expected as a result of enforcing or
    2-6  administering the rule;>
    2-7                    <(B)  the estimated reductions in costs to the
    2-8  state and to local governments as a result of enforcing or
    2-9  administering the rule;>
   2-10                    <(C)  the estimated loss or increase in revenue
   2-11  to the state or to local governments as a result of enforcing or
   2-12  administering the rule; and>
   2-13                    <(D)  if applicable, that enforcing or
   2-14  administering the rule does not have foreseeable implications
   2-15  relating to cost or revenues of the state or local governments;>
   2-16              <(5)  a note about public benefits and costs showing
   2-17  the name and title of the officer or employee responsible for
   2-18  preparing or approving the note and stating for each year of the
   2-19  first five years that the rule will be in effect:>
   2-20                    <(A)  the public benefits expected as a result of
   2-21  adoption of the proposed rule; and>
   2-22                    <(B)  the probable economic cost to persons
   2-23  required to comply with the rule;>
   2-24              <(6)>  the local employment impact statement prepared
   2-25  under Section 2001.022, if required;
    3-1              (5) <(7)>  a request for comments on the proposed rule
    3-2  from any interested person; <and>
    3-3              (6) <(8)>  a statement that a regulatory analysis will
    3-4  be prepared if requested as provided in Subsection (b)(1) of this
    3-5  section and that any interested person may obtain a copy of the
    3-6  regulatory analysis by contacting the agency; and
    3-7              (7)  any other statement required by law.
    3-8        (b)(1)  An agency shall issue a regulatory analysis of a
    3-9  proposed rule if, within 10 days after the published notice of
   3-10  proposed rule adoption, the agency receives a written request for
   3-11  the analysis from at least 25 persons, a governmental subdivision
   3-12  or agency, or an association having at least 25 members.
   3-13              (2)  The written request may require the agency to
   3-14  provide any or all of the following in its regulatory analysis:
   3-15                    (A)  a description of the classes of persons who
   3-16  probably will be affected by the proposed rule, including classes
   3-17  that will bear the costs of the proposed rule and classes that will
   3-18  benefit from the proposed rule;
   3-19                    (B)  a description of the probable type of
   3-20  economic cost to persons required to comply with the rule;
   3-21                    (C)  the probable types of costs to the agency
   3-22  and to any other agency of the implementation and enforcement of
   3-23  the proposed rule and any anticipated effect on state revenues;
   3-24                    (D)  a summary of alternative methods for
   3-25  achieving the purpose of the proposed rule that were considered by
    4-1  the agency and the reasons why they were rejected in favor of the
    4-2  proposed rule.
    4-3              (3)  If a regulatory analysis is requested, the agency
    4-4  shall send it to each person requesting it and make it available to
    4-5  the public at least 10 days before the earliest of:
    4-6                    (A)  the end of any period for written
    4-7  submissions or for requesting a public hearing on the proposed
    4-8  rule;
    4-9                    (B)  any public hearing may be held on the
   4-10  proposed rule; or
   4-11                    (C)  the proposed rule may be adopted.
   4-12        SECTION 2.  Section 2001.033, Texas Government Code, is
   4-13  amended to read as follows:
   4-14        Sec. 2001.033.  State Agency Order Adopting Rule.  A state
   4-15  agency order finally adopting a rule must include:
   4-16              (1)  a reasoned justification of the rule, including:
   4-17                    (A)  a statement of the reasons for adopting the
   4-18  rule and the rule's factual basis;
   4-19                    (B)  a summary of comments received from parties
   4-20  interested in the rule that shows the names of interested groups or
   4-21  associations offering comment on the rule and whether they were for
   4-22  or against its adoption; and
   4-23                    <(B)  a restatement of the rule's factual basis;
   4-24  and>
   4-25                    (C)  the reasons why the agency disagrees with
    5-1  party submissions and proposals;
    5-2              (2)  a concise restatement of the particular statutory
    5-3  provisions under which the rule is adopted and of how the agency
    5-4  interprets the provisions as authorizing or requiring the rule; and
    5-5              (3)  a certification that the rule, as adopted, has
    5-6  been reviewed by legal counsel and found to be a valid exercise of
    5-7  the agency's legal authority.
    5-8        SECTION 3.  Section 2001.035, Texas Government Code, is
    5-9  amended to read as follows:
   5-10        Sec. 2001.035.  VALIDITY REQUIREMENTS <SUBSTANTIAL COMPLIANCE
   5-11  REQUIREMENT>; TIME LIMIT ON PROCEDURAL CHALLENGE.  (a)  A rule
   5-12  <adopted after January 1, 1976,> is not valid if it or the agency's
   5-13  adoption of the rule:
   5-14              (1)  violates a constitutional or state statutory
   5-15  provision;
   5-16              (2)  exceeds the statutory authority of the agency; or
   5-17              (3)  is arbitrary or capricious or an abuse of
   5-18  discretion;
   5-19        (b)  A rule is not valid if the procedure followed by the
   5-20  agency in proposing or adopting the rule is not in substantial
   5-21  compliance with Sections 2001.023 through 2001.034 of this Act or
   5-22  with any other applicable statutory provision or an agency rule
   5-23  regarding procedure. <unless a state agency adopts it in
   5-24  substantial compliance with Sections 2001.023 through 2001.034>.
   5-25        (c) <(b)>  A person must initiate a proceeding to contest a
    6-1  rule on the ground of noncompliance with the procedural
    6-2  requirements of Sections 2001.023 through 2001.034 not later than
    6-3  the second anniversary of the effective date of the rule.
    6-4        SECTION 4.  Section 2001.091, Texas Government Code, is
    6-5  amended to read as follows:
    6-6        Sec. 2001.091.  Discovery:  Sanctions.  (a)  Parties to a
    6-7  contested case are entitled at a minimum to use all forms of
    6-8  discovery provided in the Texas Rules of Civil Procedure, as those
    6-9  rules now exist or as subsequently amended.  Agencies shall have
   6-10  the authority to and shall adopt rules implementing use of these
   6-11  forms of discovery.  The scope of discovery shall be subject to the
   6-12  limitations set out in the Texas Rules of Civil Procedure.  Unless
   6-13  provided otherwise by order of the presiding officer served on all
   6-14  parties or by agency rule, the procedures, deadlines, and other
   6-15  requirements set out in the Texas Rules of Civil Procedure for use
   6-16  of those forms of discovery shall apply.
   6-17        (b)  After notice and opportunity for a hearing, the
   6-18  presiding officer or an agency, consistent with agency rule, may
   6-19  impose any of the following sanctions for abuse of discovery:
   6-20              (1)  disallow further discovery, in whole or in part,
   6-21  by the noncomplying party;
   6-22              (2)  limit the noncomplying party's participation in
   6-23  the proceeding;
   6-24              (3)  direct that certain facts be deemed admitted;
   6-25              (4)  prohibit submission of certain evidence or
    7-1  testimony;
    7-2              (5)  strike pleadings, in full or in part, of the
    7-3  noncomplying party;
    7-4              (6)  dismiss the action, in full or in part; or
    7-5              (7)  suspend the processing of the application if the
    7-6  applicant is noncomplying. <On the motion of a party, on notice to
    7-7  each other party, and subject to limitations of the kind provided
    7-8  for discovery under the Texas Rules of Civil Procedure, a state
    7-9  agency in which a contested case is pending may order a party:>
   7-10              <(1)  to produce and to permit the party making the
   7-11  motion or a person on behalf of that party to inspect and to copy
   7-12  or photograph a designated document, paper, book, account, letter,
   7-13  photograph, or tangible thing in the party's possession, custody,
   7-14  or control that:>
   7-15                    <(A)  is not privileged; and>
   7-16                    <(B)  constitutes or contains, or is reasonably
   7-17  calculated to lead to the discovery of, evidence that is material
   7-18  to a matter involved in the contested case; and>
   7-19              <(2)  to permit entry to designated land or other
   7-20  property in the party's possession or control to inspect, measure,
   7-21  survey, or photograph the property or a designated object or
   7-22  operation on the property that may be material to a matter involved
   7-23  in the contested case.>
   7-24        <(b)  An order under this section:>
   7-25              <(1)  must specify the time, place, and manner of
    8-1  making the inspection, measurement, or survey or of making copies
    8-2  or photographs; and>
    8-3              <(2)  may prescribe other terms and conditions that are
    8-4  just.>
    8-5        SECTION 5.  Section 2001.103, Texas Government Code, is
    8-6  amended to read as follows:
    8-7        Sec. 2001.103.  ISSUANCE OF SUBPOENA; Mileage and EXPENSE
    8-8  <Per Diem> of Witness or Deponent.  (a)  On its own motion or on
    8-9  the written request of any party to a contested case pending before
   8-10  it, on a showing of good cause, and on deposit of sums that will
   8-11  reasonably insure payment of the amounts estimated to accrue under
   8-12  subsection (b) of this section, an agency shall issue a subpoena
   8-13  addressed to the sheriff or any constable of the State of Texas or
   8-14  other person authorized to serve and execute subpoenas as provided
   8-15  in the Texas Rules of Civil Procedure to require the attendance at
   8-16  a hearing of witnesses and the production of books, records,
   8-17  papers, or other objects at the hearing as may be necessary and
   8-18  proper for the purposes of the proceedings.
   8-19        (b)  A witness or deponent who is not a party and who is
   8-20  subpoenaed or otherwise compelled to attend any hearing or
   8-21  deposition or to produce books, records, papers, or other objects
   8-22  that may be necessary and proper for the purposes of the proceeding
   8-23  under the authority of this section is entitled to receive the
   8-24  witness fees and expense reimbursements that the witness or
   8-25  deponent would have been entitled to receive under Subchapter A,
    9-1  Chapter 22, of the Texas Civil Practices & Remedies Code if the
    9-2  witness had instead attended a civil court proceeding.
    9-3        (c)(1)  The mileage, transportation, meal, and lodging
    9-4  expenses and the fees that must be reimbursed or paid under this
    9-5  section shall be paid or reimbursed by the party or agency at whose
    9-6  request the witness or deponent appears or the deposition is taken.
    9-7  An agency required to make a payment or reimbursement must present
    9-8  to the comptroller vouchers sworn by the witness or deponent and
    9-9  approved by the agency in accordance with Article 6252-31.
   9-10              (2)  An agency may directly pay a commercial
   9-11  transportation company for the transportation expenses and a
   9-12  commercial lodging establishment for the lodging expenses of a
   9-13  witness or deponent if this section otherwise requires the agency
   9-14  to reimburse the witness or deponent for such expenses.
   9-15              (3)  An agency may not pay a commercial transportation
   9-16  company or commercial lodging establishment or reimburse a witness
   9-17  or deponent for transportation, meal, or lodging expenses under
   9-18  this section at a rate that exceeds the maximum rates provided by
   9-19  law for state employees.  An agency may not adopt rules that
   9-20  provide for payment or reimbursement rates that exceed those
   9-21  maximum rates.
   9-22              (4)  In this subsection:
   9-23                    (A)  "Commercial lodging establishment" means a
   9-24  motel, hotel, inn, apartment, or similar entity that offers lodging
   9-25  to the public in exchange for compensation.
   10-1                    (B)  "Commercial transportation company" means an
   10-2  entity that offers transportation of people or goods to the public
   10-3  in exchange for compensation.
   10-4        (d)  In the case of failure to comply with a subpoena issued
   10-5  under the authority of this Act, the agency issuing the subpoena,
   10-6  acting through the attorney general, or the party requesting the
   10-7  subpoena, may bring suit to enforce the subpoena in a district
   10-8  court, either in Travis County, or in the county in which a hearing
   10-9  conducted by the agency issuing the subpoena may be held.  The
  10-10  court, if it determines that good cause exists for the issuance of
  10-11  the subpoena, shall order compliance with the requirements of the
  10-12  subpoena.  Failure to obey the order of the court may be punished
  10-13  by the court as contempt.  <A witness or deponent in a contested
  10-14  case who is not a party and who is subpoenaed or otherwise
  10-15  compelled to attend a hearing or proceeding to give a deposition or
  10-16  to produce books, records, papers, or other objects that may be
  10-17  necessary and proper for the purposes of a proceeding under this
  10-18  chapter is entitled to receive:>
  10-19              <(1)  10 cents for each mile, or a greater amount
  10-20  prescribed by state agency rule, for going to and returning from
  10-21  the place of the hearing or deposition if the place is more than 25
  10-22  miles from the person's place of residence; and>
  10-23              <(2)  $10, or a greater amount prescribed by state
  10-24  agency rule, for each day or part of a day that the person is
  10-25  necessarily present.>
   11-1        <(b)  On the presentation of proper vouchers sworn by the
   11-2  witness and approved by the state agency, the party or agency at
   11-3  whose request the witness appears or the deposition is taken shall
   11-4  pay the amounts to which the witness is entitled under this
   11-5  section.>
   11-6        <(c)  On its own motion or on the written request of any
   11-7  party to a contested case pending before it, on a showing of good
   11-8  cause, and on deposit of sums that will reasonably insure payment
   11-9  of the amounts estimated to accrue under Subsections (l) and (m) of
  11-10  this section, an agency shall issue a subpoena addressed to the
  11-11  sheriff or any constable to require the attendance of witnesses and
  11-12  the production of books, records, papers, or other objects as may
  11-13  be necessary and proper for the purposes of the proceedings.>
  11-14        <(d)  On its own motion or on the written request of any
  11-15  party to a contested case pending before it and on deposit of sums
  11-16  that will reasonably insure payment of the amounts estimated to
  11-17  accrue under Subsections (l) and (m) of this section, an agency
  11-18  shall issue a commission, addressed to the several officers
  11-19  authorized by statute to take depositions, to require that the
  11-20  deposition of a witness be taken, which commission shall authorize
  11-21  the issuance of any subpoenas necessary to require that the witness
  11-22  appear and produce, at the time the deposition is taken, books,
  11-23  records, papers, or other objects as may be necessary and proper
  11-24  for the purposes of the proceeding.  The deposition of a member of
  11-25  an agency board may not be taken after a date has been set for
   12-1  hearing.">
   12-2        <(l)  A witness or deponent who is not a party and who is
   12-3  subpoenaed or otherwise compelled to attend any hearing or
   12-4  proceeding to give a deposition or to produce books, records,
   12-5  papers, or other objects that may be necessary and proper for the
   12-6  purposes of the proceeding under the authority of this section is
   12-7  entitled to receive:>
   12-8              <(1)  Mileage of 10 cents a mile, or a greater amount
   12-9  as prescribed by agency rule, for going to, and returning from the
  12-10  place of the hearing or the place where the deposition is taken, if
  12-11  the place is more than 25 miles from the person's place of
  12-12  residence and the person uses the person's personally owned or
  12-13  leased motor vehicle for the travel.>
  12-14              <(2)  reimbursement of the transportation expenses of
  12-15  the witness or deponent while going to and return from the place of
  12-16  the hearing or the place where the deposition is taken, if the
  12-17  place is more than 25 miles from the person's place of residence
  12-18  and the person does not use the person's personally owned or leased
  12-19  motor vehicle for the travel;>
  12-20              <(3)  reimbursement of the meal and lodging expenses of
  12-21  the witness or deponent while going to and returning from the place
  12-22  of the hearing or the place where the deposition is taken, if the
  12-23  place is more than 25 miles from the person's place of residence;
  12-24  and>
  12-25              <(4)  a fee of $10 a day, or a greater amount as
   13-1  prescribed by agency rule, for each day or part of a day the person
   13-2  is necessarily present as a witness or deponent.>
   13-3        <(m)(1)  The mileage, transportation, meal, and lodging
   13-4  expenses and the fees that must be reimbursed or paid under this
   13-5  section shall be paid or reimbursed by the party or agency at whose
   13-6  request the witness or deponent appears or the deposition is taken.
   13-7  An agency required to make a payment or reimbursement must present
   13-8  to the comptroller vouchers sworn by the witness or deponent and
   13-9  approved by the agency in accordance with Article 6252-31, Revised
  13-10  Statutes, as added by Chapter 641, Acts of the 72nd Legislature,
  13-11  Regular Session, 1991.>
  13-12              <(2)  An agency may directly pay a commercial
  13-13  transportation company for the transportation expenses and a
  13-14  commercial lodging establishment for the lodging expenses of a
  13-15  witness or deponent if this section otherwise requires the agency
  13-16  to reimburse the witness or deponent for those expenses.>
  13-17              <(3)  An agency may not pay a commercial transportation
  13-18  company or commercial lodging establishment or reimburse a witness
  13-19  or deponent for transportation, meal, or lodging expenses under
  13-20  this section at a rate that exceeds the maximum rates provided by
  13-21  law for state employees.  An agency may not adopt rules that
  13-22  provide for payment or reimbursement rates that exceed those
  13-23  maximum rates.>
  13-24              <(4)  In this subsection:>
  13-25                    <(A)  "Commercial lodging establishment" means a
   14-1  motel, hotel, inn, apartment, or similar entity that offers lodging
   14-2  to the public in exchange for compensation.>
   14-3                    <(B)  "Commercial transportation company" means
   14-4  an entity that offers transportation of people or goods to the
   14-5  public in exchange for compensation.>
   14-6        SECTION 6.  Section 2001.141, Texas Government Code, is
   14-7  amended to read as follows:
   14-8        Sec. 2001.141.  Form of Decision; Findings of Fact and
   14-9  Conclusions of Law.  (a)  A decision or order that may become final
  14-10  under Section 2001.144 that is adverse to a party in a contested
  14-11  case must be in writing <or stated in the record>.
  14-12        (b)  A decision that may become final under Section 2001.144
  14-13  must include findings of fact and conclusions of law, separately
  14-14  stated.
  14-15        (c)  Findings of fact may be based only on the evidence and
  14-16  on matters that are officially noticed.
  14-17        (d)  Findings of fact, if set forth in statutory language,
  14-18  must be accompanied by a concise and explicit statement of the
  14-19  underlying facts supporting the findings.
  14-20        (e)  If a party submits under a state agency rule proposed
  14-21  findings of fact, the decision shall include a ruling on each
  14-22  proposed finding.
  14-23        SECTION 7.  Section 2001.142, Texas Government Code, is
  14-24  amended to read as follows:
  14-25        Sec. 2001.142.  Notification of Decisions and Orders.  (a)  A
   15-1  party in a contested case shall be notified <either personally or>
   15-2  by first class or certified mail of any decision or order.  All
   15-3  parties or their attorneys or other designated representatives of
   15-4  record in agency proceedings shall furnish the agency with an
   15-5  accurate mailing address throughout the pendency of the contested
   15-6  case.
   15-7        (b)  On issuance in a contested case of a decision that may
   15-8  become final under Section 2001.144 or an order ruling on a motion
   15-9  for rehearing, a state agency shall send a copy of the decision or
  15-10  order by first class or certified mail to the attorneys of record
  15-11  or to the parties or their other designated representative if not
  15-12  represented by an attorney of record, and shall keep an appropriate
  15-13  record of the mailing and shall attach to the decision or order a
  15-14  certification of the date of mailing and the names and addresses of
  15-15  those who were mailed such decision or order.  The copy of the
  15-16  decision or order shall be mailed to the address submitted by the
  15-17  party pursuant to subsection (a) of this section.  <If a party is
  15-18  not represented by an attorney of record, the state agency shall
  15-19  send a copy of the decision or order by first class mail to the
  15-20  party and shall keep an appropriate record of the mailing.>
  15-21        <(c)  A party or attorney of record notified by mail under
  15-22  Subsection (b) is presumed to have been notified on the date on
  15-23  which the notice is mailed.>
  15-24        SECTION 8.  Section 2001.146, Texas Government Code, is
  15-25  amended to read as follows:
   16-1        Sec. 2001.146.  Motions for Rehearing:  Procedures.  (a)  A
   16-2  motion for rehearing in a contested case must be filed by a party
   16-3  not later than the 20th day after the date on which the decision or
   16-4  order is mailed <party or the party's attorney of record is
   16-5  notified> as required by Section 2001.142 <of a decision or order
   16-6  that may become final under Section 2001.144>.
   16-7        (b)  A reply to a motion for rehearing must be filed with the
   16-8  state agency not later than the 30th day after the date on which
   16-9  the decision or order is mailed <party or the party's attorney of
  16-10  record is notified> as required by Section 2001.142 <of the
  16-11  decision or order that may become final under Section 2001.144>.
  16-12        (c)  A state agency shall act on a motion for rehearing not
  16-13  later than the 45th day after the date on which the decision or
  16-14  order is mailed <party or the party's attorney of record is
  16-15  notified> as required by Section 2001.142 <of the decision or order
  16-16  that may become final under Section 2001.144> or the motion for
  16-17  rehearing is overruled by operation of law.
  16-18        (d)  If a state agency board includes a member who does not
  16-19  receive a salary for work as a board member and who resides outside
  16-20  Travis County, the board may rule on a motion for rehearing at a
  16-21  meeting or by:
  16-22              (1)  mail;
  16-23              (2)  telephone;
  16-24              (3)  telegraph; <or>
  16-25              (4)  telecopy; or
   17-1              (5)  another suitable means of communication.
   17-2        (e)  A state agency may by written order extend the time for
   17-3  filing a motion or reply or taking agency action under this
   17-4  section, except that an extension may not extend the period for
   17-5  agency action beyond the 90th day after the date on which the
   17-6  decision or order is mailed <party or the party's attorney of
   17-7  record is notified> as required by Section 2001.142 <of the
   17-8  decision or order that may become final under Section 2001.144>.
   17-9        (f)  In the event of an extension, a motion for rehearing is
  17-10  overruled by operation of law on the date fixed by the order or, in
  17-11  the absence of a fixed date, 90 days after the date on which the
  17-12  decision or order is mailed <party or the party's attorney of
  17-13  record is notified> as required by Section 2001.142 <of the
  17-14  decision or order that may become final under Section 2001.144>.
  17-15        SECTION 9.  Section 2001.175, Texas Government Code, is
  17-16  amended to read as follows:
  17-17        Sec. 2001.175.  Procedures for Review Under Substantial
  17-18  Evidence Rule or Undefined Scope of Review.  (a)  The procedures of
  17-19  this section apply if the manner of review authorized by law for
  17-20  the decision in a contested case that is the subject of complaint
  17-21  is other than by trial de novo.
  17-22        (b)  After service of the petition on a state agency and
  17-23  within the time permitted for filing an answer or within additional
  17-24  time allowed by the court, the agency shall send to the reviewing
  17-25  court the original or a certified copy of the entire record of the
   18-1  proceeding under review.  The record shall be filed with the clerk
   18-2  of the court.  Those portions of the record sealed by the agency
   18-3  shall be treated as court records that have been sealed pursuant to
   18-4  the Texas Rules of Civil Procedure as amended.  The record may be
   18-5  shortened by stipulation of all parties to the review proceedings.
   18-6  The court may assess additional costs against a party who
   18-7  unreasonably refuses to stipulate to limit the record, unless the
   18-8  party is subject to a rule adopted under Section 2001.177 requiring
   18-9  payment of all costs of record preparation.  The court may require
  18-10  or permit later corrections or additions to the record.
  18-11        (c)  A party may apply to the court to present additional
  18-12  evidence.  If the court is satisfied that the additional evidence
  18-13  is material and that there were good reasons for the failure to
  18-14  present it in the proceeding before the state agency, the court may
  18-15  order that the additional evidence be taken before the agency on
  18-16  conditions determined by the court.  The agency may change its
  18-17  findings and decision by reason of the additional evidence and
  18-18  shall file the additional evidence and any changes, new findings,
  18-19  or decisions with the reviewing court.
  18-20        (d)  The party seeking judicial review shall offer, and the
  18-21  reviewing court shall admit, the state agency record into evidence
  18-22  as an exhibit.
  18-23        (e)  A court shall conduct the review sitting without a jury
  18-24  and is confined to the agency record, except that the court may
  18-25  receive evidence of procedural irregularities alleged to have
   19-1  occurred before the agency that are not reflected in the record.
   19-2        SECTION 10.  Section 2001.176, Texas Government Code, is
   19-3  amended to read as follows:
   19-4        Sec. 2001.176.  Petition Initiating Judicial Review.  (a)  A
   19-5  person initiates judicial review in a contested case by filing a
   19-6  petition not later than the 30th day after the date on which the
   19-7  decision that is the subject of complaint is final and appealable.
   19-8        (b)  Unless otherwise provided by statute:
   19-9              (1)  the petition must be filed in a Travis County
  19-10  district court;
  19-11              (2)  the agency shall be served with citation and a
  19-12  copy of the petition.  The party filing the petition shall send a
  19-13  copy of the petition by certified mail to the attorneys of record
  19-14  for all parties before the agency.  If a party is not represented
  19-15  by an attorney the petition shall be sent by certified mail to the
  19-16  party or the party's designated representative of record.  The
  19-17  party filing the petition shall file a certificate of mailing with
  19-18  the district clerk stating the name and addresses of those persons
  19-19  to whom the petition was mailed <a copy of the petition must be
  19-20  served on the state agency and each party of record in the
  19-21  proceedings before the agency>; and
  19-22              (3)  the filing of the petition vacates a state agency
  19-23  decision for which trial de novo is the manner of review authorized
  19-24  by law but does not affect the enforcement of an agency decision
  19-25  for which another manner of review is authorized.
   20-1        SECTION 11.  Sections 2001.030, 2001.089, 2001.092 through
   20-2  2001.94, 2001.096 through 2001.102, and 2001.143, Texas Government
   20-3  Code, are repealed.
   20-4        SECTION 12.  The importance of this legislation and the
   20-5  crowded condition of the calendars in both houses create an
   20-6  emergency and an imperative public necessity that the
   20-7  constitutional rule requiring bills to be read on three several
   20-8  days in each house be suspended, and this rule is hereby suspended.