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.