By: Brown S.B. No. 637
A BILL TO BE ENTITLED
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 later than the 20th day after
1-21 the date the order was rendered.
1-22 SECTION 2. This Act takes effect September 1, 1997.
1-23 SECTION 3. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 COMMITTEE AMENDMENT NO. 1
2-6 Amend S.B. 637 by inserting the words "before the date the
2-7 order is signed or" on line 20 between the words "not" and "later".
2-8 Hilbert