AN ACT
1-1 relating to the finality of contested case orders rendered by state
1-2 agencies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 2001.144, Government
1-5 Code, is amended to read as follows:
1-6 (a) A decision in a contested case is final:
1-7 (1) if a motion for rehearing is not filed on time, on
1-8 the expiration of the period for filing a motion for rehearing;
1-9 (2) if a motion for rehearing is filed on time, on the
1-10 date:
1-11 (A) the order overruling the motion for
1-12 rehearing is rendered; or
1-13 (B) the motion is overruled by operation of law;
1-14 [or]
1-15 (3) if a state agency finds that an imminent peril to
1-16 the public health, safety, or welfare requires immediate effect of
1-17 a decision or order, on the date the decision is rendered; or
1-18 (4) on the date specified in the order for a case in
1-19 which all parties agree to the specified date in writing or on the
1-20 record, if the specified date is not before the date the order is
1-21 signed or later than the 20th day after the date the order was
1-22 rendered.
1-23 SECTION 2. Section 2001.145, Government Code, is amended to
1-24 read as follows:
2-1 Sec. 2001.145. MOTIONS FOR REHEARING: PREREQUISITES TO
2-2 APPEAL. (a) A timely motion for rehearing is a prerequisite to an
2-3 appeal in a contested case except that a motion for rehearing of a
2-4 decision or order that is final under Section 2001.144(a)(3) or (4)
2-5 is not a prerequisite for appeal.
2-6 (b) A decision that is final under Section 2001.144(a)(2),
2-7 [or] (3), or (4) is appealable.
2-8 SECTION 3. This Act takes effect September 1, 1997.
2-9 SECTION 4. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 637 passed the Senate on
April 3, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 18, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 637 passed the House, with
amendments, on May 13, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor