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.