1-1 AN ACT
1-2 relating to judicial review of the validity or applicability of
1-3 state agency rules and decisions in contested cases.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2001.038, Government Code, is amended by
1-6 adding Subsection (f) to read as follows:
1-7 (f) A Travis County district court in which an action is
1-8 brought under this section, on its own motion or the motion of any
1-9 party, may request transfer of the action to the Court of Appeals
1-10 for the Third Court of Appeals District if the district court finds
1-11 that the public interest requires a prompt, authoritative
1-12 determination of the validity or applicability of the rule in
1-13 question and the case would ordinarily be appealed. After filing
1-14 of the district court's request with the court of appeals, transfer
1-15 of the action may be granted by the court of appeals if it agrees
1-16 with the findings of the district court concerning the application
1-17 of the statutory standards to the action. On entry of an order by
1-18 the court of appeals granting transfer, the action is transferred
1-19 to the court of appeals for decision, and the validity or
1-20 applicability of the rule in question is subject to judicial review
1-21 by the court of appeals. The administrative record and the
1-22 district court record shall be filed by the district clerk with the
1-23 clerk of the court of appeals. The court of appeals may direct the
1-24 district court to conduct any necessary evidentiary hearings in
2-1 connection with the action.
2-2 SECTION 2. Section 2001.176, Government Code, is amended by
2-3 adding Subsection (c) to read as follows:
2-4 (c) A Travis County district court in which an action is
2-5 brought under this section, on its own motion or on motion of any
2-6 party, may request transfer of the action to the Court of Appeals
2-7 for the Third Court of Appeals District if the district court finds
2-8 that the public interest requires a prompt, authoritative
2-9 determination of the legal issues in the case and the case would
2-10 ordinarily be appealed. After filing of the district court's
2-11 request with the court of appeals, transfer of the action may be
2-12 granted by the court of appeals if it agrees with the findings of
2-13 the district court concerning the application of the statutory
2-14 standards to the action. On entry of an order by the court of
2-15 appeals granting transfer, the action is transferred to the court
2-16 of appeals for decision, and the agency decision in the contested
2-17 case is subject to judicial review by the court of appeals. The
2-18 administrative record and the district court record shall be filed
2-19 by the district clerk with the clerk of the court of appeals. The
2-20 court of appeals may direct the district court to conduct any
2-21 necessary evidentiary hearings in connection with the action.
2-22 SECTION 3. (a) This Act takes effect September 1, 1999.
2-23 (b) The change in law made by this Act applies to an action
2-24 pending in a district court on the effective date and to an action
2-25 filed on or after that date.
2-26 SECTION 4. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2105 was passed by the House on May
4, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2105 on May 22, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2105 was passed by the Senate, with
amendments, on May 20, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor