By Hilbert H.B. No. 2266 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to operation under a license issued by a state agency on 1-3 reversal and remand of a contested case relating to the license. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter G, Chapter 2001, Government Code, is 1-6 amended by adding Section 2001.1745 to read as follows: 1-7 Sec. 2001.1745. REMAND OF CONTESTED CASE AFFECTING LICENSE 1-8 HOLDER. (a) Notwithstanding another provision of this chapter or 1-9 other law, on the reversal of a final decision of an agency because 1-10 of a clerical defect and the remand of the contested case regarding 1-11 the final decision to a state agency or a lower court, a license 1-12 holder affected by the final decision may continue to operate under 1-13 the license if the clerical defect may be corrected by: 1-14 (1) the agency or another authority; or 1-15 (2) the license holder, and the license holder: 1-16 (A) not later than the 30th day after the date 1-17 of the remand files with the agency a written notice of intent to 1-18 correct the defect; and 1-19 (B) not later than the 90th day after the date 1-20 of filing notice under Paragraph (A) files with the agency 1-21 materials necessary to correct the defect. 1-22 (b) If materials filed by a license holder under Subsection 1-23 (a)(2)(B) meet or exceed the requirements of applicable law, the 1-24 agency shall accept the materials. 2-1 (c) On reversal of a final decision of an agency and remand 2-2 of the contested case regarding the decision because of a clerical 2-3 defect, an agency or other authority is limited on remand to 2-4 consideration and correction of errors addressed in the court's 2-5 opinion or order. 2-6 (d) This section does not apply to: 2-7 (1) a defect that creates a material risk to the 2-8 public health or safety or to the environment; 2-9 (2) a situation in which an agency is acting under its 2-10 enforcement powers; or 2-11 (3) a contested case affecting a license issued before 2-12 January 1, 1989. 2-13 (e) In this section, "material risk" means a significant 2-14 threat that cannot be abated by a correction proposed by the 2-15 license holder. 2-16 SECTION 2. The change in law made by this Act applies only 2-17 to remand of a contested case that occurs on or after the effective 2-18 date of this Act. Remand of a contested case that occurred before 2-19 that date is covered by the law in effect when the remand occurred, 2-20 and the former law is continued in effect for that purpose. 2-21 SECTION 3. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended, 2-26 and that this Act take effect and be in force from and after its 2-27 passage, and it is so enacted.