By Capelo H.B. No. 2105 76R6389 BDH-F 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 district court in which an action is brought under 1-8 this section may transfer jurisdiction of the action to the Court 1-9 of Appeals for the Third Court of Appeals District by entering an 1-10 appropriate notice of transfer. The district court shall enter 1-11 notice of transfer if the district court determines that the 1-12 district court's decision under this section is likely to be 1-13 appealed or that the public interest requires a prompt 1-14 authoritative determination of the validity or applicability of the 1-15 rule in question. The court of appeals shall direct a district 1-16 court to conduct any necessary evidentiary hearings in connection 1-17 with the action. 1-18 SECTION 2. Section 2001.176, Government Code, is amended by 1-19 adding Subsection (c) to read as follows: 1-20 (c) A district court in which an action is brought under 1-21 this section may transfer jurisdiction of the action to the Court 1-22 of Appeals for the Third Court of Appeals District by entering an 1-23 appropriate notice of transfer. The district court shall enter 1-24 notice of transfer if the district court determines that the 2-1 district court's decision under this section is likely to be 2-2 appealed or that the public interest requires a prompt 2-3 authoritative determination of the validity or applicability of the 2-4 rule in question. The court of appeals shall direct a district 2-5 court to conduct any necessary evidentiary hearings in connection 2-6 with the action. 2-7 SECTION 3. (a) This Act takes effect September 1, 1999. 2-8 (b) The change in law made by this Act applies to an action 2-9 pending in a district court on the effective date and to an action 2-10 filed on or after that date. 2-11 SECTION 4. The importance of this legislation and the 2-12 crowded condition of the calendars in both houses create an 2-13 emergency and an imperative public necessity that the 2-14 constitutional rule requiring bills to be read on three several 2-15 days in each house be suspended, and this rule is hereby suspended.