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 * * * * *