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


Senate Research CenterC.S.H.B. 2105
By: Capelo (Brown)
Jurisprudence
5/12/1999
Committee Report (Substituted)


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.  C.S.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, C.S.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 request transfer 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.  Sets forth
provisions for the court of appeals to grant transfer of an action.
Provides that the validity or applicability of the rule in question is
subject to judicial review by the court of appeals.  Requires certain
records to be filed with the clerk of the court of appeals.  Authorizes 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.