SRC-AXB H.B. 2105 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2105
76R10065   BDH-DBy: Capelo (Brown)
Jurisprudence
5/6/1999
Engrossed


DIGEST 

Currently, the Administrative Procedure Act requires a three-step sequence
for agency rules and contested case decisions.  Review occurs first in the
district court of Travis County, next the Third Court of Appeals, and
finally the Supreme Court of Texas.  Completion of this process can take
several months or years, delaying final judicial decisions and increasing
costs.  H.B. 2105 authorizes the transfer of an action from a Travis County
district court to the Court of Appeals for the Third Court of Appeals
District to increase the speed and efficiency of judicial determinations. 

PURPOSE

As proposed, H.B. 2105 authorizes the transfer of an action from a Travis
County district court to the Court of Appeals for the Third Court of
Appeals District, dependent upon the district court's decision. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2001.038, Government Code, by adding Subsection
(f), to authorize a Travis County district court to transfer jurisdiction
of an action to the Court of Appeals for the Third Court of Appeals
District, under certain conditions.  Requires the district court to
determine the validity of the appeal and to take appropriate action.
Requires the court of appeals to direct a district court to conduct
evidentiary hearings. 

SECTION 2.  Amends Section 2001.176, Government Code, by adding Subsection
(c), to make conforming changes. 

SECTION 3.  Effective date:  September 1, 1999.
  Makes application of this Act prospective.

SECTION 4.  Emergency clause.