By Hilbert H.B. No. 2266 74R5753 MJW-F 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 procedural or clerical defect and the remand of the contested 1-11 case regarding the final decision to a state agency or a lower 1-12 court, a license holder affected by the final decision may continue 1-13 to operate under the license if the procedural or clerical defect 1-14 may be corrected by: 1-15 (1) the agency or another authority; or 1-16 (2) the license holder, and the license holder: 1-17 (A) not later than the 30th day after the date 1-18 of the remand files with the agency a written notice of intent to 1-19 correct the defect; and 1-20 (B) not later than the 90th day after the date 1-21 of filing notice under Paragraph (A) files with the agency 1-22 materials necessary to correct the defect. 1-23 (b) If materials filed by a license holder under Subsection 1-24 (a)(2)(B) meet or exceed the requirements of applicable law, the 2-1 agency shall accept the materials. 2-2 (c) On reversal of a final decision of an agency and remand 2-3 of the contested case regarding the decision because of a 2-4 procedural or clerical defect, an agency or other authority is 2-5 limited on remand to consideration and correction of errors 2-6 addressed in the court's opinion or order. 2-7 (d) This section does not apply to: 2-8 (1) a defect that creates a material risk to the 2-9 public health or safety or to the environment; 2-10 (2) a situation in which an agency is acting under its 2-11 enforcement powers; or 2-12 (3) a contested case affecting a license issued before 2-13 January 1, 1989. 2-14 (e) In this section, "material risk" means a significant 2-15 threat that cannot be abated by a correction proposed by the 2-16 license holder. 2-17 SECTION 2. The change in law made by this Act applies only 2-18 to remand of a contested case that occurs on or after the effective 2-19 date of this Act. Remand of a contested case that occurred before 2-20 that date is covered by the law in effect when the remand occurred, 2-21 and the former law is continued in effect for that purpose. 2-22 SECTION 3. 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, 2-27 and that this Act take effect and be in force from and after its 3-1 passage, and it is so enacted.