By Hilbert H.B. No. 2263
Substitute the following for H.B. No. 2263:
By Bosse C.S.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 SECTION 3. (a) This Act takes effect September 1, 1995, and
2-12 applies only to standing to participate as a party in a contested
2-13 case before a state agency or in the judicial review of a contested
2-14 case if the contested case commences at the agency on or after the
2-15 effective date of this Act.
2-16 (b) Standing to participate as a party in a contested case
2-17 that commenced at the agency before the effective date of this Act
2-18 or in the judicial review of a contested case that commenced at the
2-19 agency before the effective date of this Act is determined under
2-20 the law in effect when the contested case was commenced, and the
2-21 former law is continued in effect for this purpose.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.