By Hilbert                                            H.B. No. 2263
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to having standing as a party to a contested case before a
    1-3  state agency and to the judicial review of a state agency's final
    1-4  decision in a contested case.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter C, Chapter 2001, Government Code, is
    1-7  amended by adding Section 2001.0515 to read as follows:
    1-8        Sec. 2001.0515.  STANDING.  (a)  A state agency has standing
    1-9  to participate in a contested case as a party if the agency is
   1-10  required or permitted to participate in the contested case.
   1-11        (b)  A person has standing to participate in a contested case
   1-12  as a party if the person has alleged and demonstrated a justiciable
   1-13  interest relating to a legal right, duty, power, or privilege
   1-14  affected by the contested case.
   1-15        SECTION 2.  Section 2001.171, Government Code, is amended to
   1-16  read as follows:
   1-17        Sec. 2001.171.  Judicial Review.  (a)  A person is entitled
   1-18  to judicial review of a final decision in a contested case under
   1-19  this chapter if the person:
   1-20              (1)  participated as a party before the state agency in
   1-21  the contested case;
   1-22              (2)  <who> has exhausted all administrative remedies
   1-23  available within the <a> state agency; and
   1-24              (3)  alleges and demonstrates that the person <who> is
    2-1  aggrieved by the <a> final decision in the <a> contested case <is
    2-2  entitled to judicial review under this chapter>.
    2-3        (b)  A person is aggrieved by a state agency's final decision
    2-4  in a contested case only if the person has suffered specific injury
    2-5  or damage as the result of the decision other than injury or damage
    2-6  suffered merely as a member of the general public.
    2-7        (c)  This Act does not apply to a contested case which is
    2-8  held pursuant to a federally approved statute or program if federal
    2-9  law or regulations specify the requirements for party status and
   2-10  prerequisites for appeals of agency decisions.
   2-11        (d)  This section does not limit the rights of a state agency
   2-12  which is otherwise authorized by state law to initiate or
   2-13  participate in a judicial review.
   2-14        SECTION 3.  (a)  This Act takes effect September 1, 1995, and
   2-15  applies only to standing to participate as a party in a contested
   2-16  case before a state agency or in the judicial review of a contested
   2-17  case if the contested case commences at the agency on or after the
   2-18  effective date of this Act.
   2-19        (b)  Standing to participate as a party in a contested case
   2-20  that commenced at the agency before the effective date of this Act
   2-21  or in the judicial review of a contested case that commenced at the
   2-22  agency before the effective date of this Act is determined under
   2-23  the law in effect when the contested case was commenced, and the
   2-24  former law is continued in effect for this purpose.
   2-25        SECTION 4.  The importance of this legislation and the
   2-26  crowded condition of the calendars in both houses create an
   2-27  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.