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.