76R10065 BDH-D By Capelo H.B. No. 2105 Substitute the following for H.B. No. 2105: By Uresti C.S.H.B. No. 2105 A BILL TO BE ENTITLED 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 may transfer jurisdiction of the action 1-9 to the Court of Appeals for the Third Court of Appeals District by 1-10 entering an appropriate notice of transfer. The district court 1-11 shall enter notice of transfer if the district court determines 1-12 that the public interest requires a prompt authoritative 1-13 determination of the validity or applicability of the rule in 1-14 question and the case would ordinarily be appealed. The court of 1-15 appeals shall direct a district court to conduct any necessary 1-16 evidentiary hearings in connection with the action. 1-17 SECTION 2. Section 2001.176, Government Code, is amended by 1-18 adding Subsection (c) to read as follows: 1-19 (c) A Travis County district court in which an action is 1-20 brought under this section may transfer jurisdiction of the action 1-21 to the Court of Appeals for the Third Court of Appeals District by 1-22 entering an appropriate notice of transfer. The district court 1-23 shall enter notice of transfer if the district court determines 1-24 that the public interest requires a prompt authoritative 2-1 determination of the validity or applicability of the rule in 2-2 question and the case would ordinarily be appealed. The court of 2-3 appeals shall direct a district court to conduct any necessary 2-4 evidentiary hearings in connection with the action. 2-5 SECTION 3. (a) This Act takes effect September 1, 1999. 2-6 (b) The change in law made by this Act applies to an action 2-7 pending in a district court on the effective date and to an action 2-8 filed on or after that date. 2-9 SECTION 4. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended.