1-1     By:  Brown                                             S.B. No. 637

 1-2           (In the Senate - Filed February 18, 1997; February 20, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     March 26, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 11, Nays 0; March 26, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 637               By:  Armbrister

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the finality of contested case orders rendered by state

1-11     agencies.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subsection (a), Section 2001.144, Government

1-14     Code, is amended to read as follows:

1-15           (a)  A decision in a contested case is final:

1-16                 (1)  if a motion for rehearing is not filed on time, on

1-17     the expiration of the period for filing a motion for rehearing;

1-18                 (2)  if a motion for rehearing is filed on time, on the

1-19     date:

1-20                       (A)  the order overruling the motion for

1-21     rehearing is rendered; or

1-22                       (B)  the motion is overruled by operation of law;

1-23     [or]

1-24                 (3)  if a state agency finds that an imminent peril to

1-25     the public health, safety, or welfare requires immediate effect of

1-26     a decision or order, on the date the decision is rendered; or

1-27                 (4)  on the date specified in the order for a case in

1-28     which all parties agree to the specified date in writing or on the

1-29     record, if the specified date is not later than the 20th day after

1-30     the date the order was rendered.

1-31           SECTION 2.  This Act takes effect September 1, 1997.

1-32           SECTION 3.  The importance of this legislation and the

1-33     crowded condition of the calendars in both houses create an

1-34     emergency and an imperative public necessity that the

1-35     constitutional rule requiring bills to be read on three several

1-36     days in each house be suspended, and this rule is hereby suspended.

1-37                                  * * * * *