By Brown                                         S.B. No. 637

      75R6408 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the finality of contested case orders rendered by state

 1-3     agencies.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 2001.144(a), Government Code, is amended

 1-6     to read as follows:

 1-7           Sec. 2001.144.  Decisions; When Final.  (a)  A decision in a

 1-8     contested case is final:

 1-9                 (1)  if a motion for rehearing is not filed on time, on

1-10     the expiration of the period for filing a motion for rehearing;

1-11                 (2)  if a motion for rehearing is filed on time, on the

1-12     date:

1-13                       (A)  the order overruling the motion for

1-14     rehearing is rendered; or

1-15                       (B)  the motion is overruled by operation of law;

1-16     or

1-17                 (3)  if a state agency finds that an imminent peril to

1-18     the public health, safety, or welfare requires immediate effect of

1-19     a decision or order, on the date the decision is rendered.

1-20                 (4)  on the date specified in the order for cases in

1-21     which no party appeared in protest, provided that the specified

1-22     date cannot exceed the date the order was rendered by more than 20

1-23     days; if no date is specified the order becomes final under

1-24     Subparagraph (2).

 2-1           (b)  If a decision or order is final under Subsection (a)(3),

 2-2     a state agency must recite the decision or order the finding made

 2-3     under Subsection (a)(3) and the fact that the decision or order is

 2-4     final and effective on the date rendered.

 2-5           SECTION 2.  This act takes effect September 1, 1997.

 2-6           SECTION 3.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.