1-1     By:  Capelo (Senate Sponsor - Brown)                  H.B. No. 2105
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 1999, read first time and referred to Committee on State
 1-4     Affairs; May 13, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0; May 13, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2105                   By:  Brown
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to judicial review of the validity or applicability of
1-11     state agency rules and decisions in contested cases.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 2001.038, Government Code, is amended by
1-14     adding Subsection (f) to read as follows:
1-15           (f)  A Travis County District Court in which an action is
1-16     brought under this section, on its own motion or the motion of any
1-17     party, may request transfer of the action to the Court of Appeals
1-18     for the Third Court of Appeals District if the district court finds
1-19     that the public interest requires a prompt, authoritative
1-20     determination of the validity or applicability of the rule in
1-21     question and the case would ordinarily be appealed.  After filing
1-22     of the district court's request with the court of appeals, transfer
1-23     of the action may be granted by the court of appeals if it agrees
1-24     with the findings of the district court concerning the application
1-25     of the statutory standards to the action.  On entry of an order by
1-26     the court of appeals granting transfer, the action is transferred
1-27     to the court of appeals for decision, and the validity or
1-28     applicability of the rule in question is subject to judicial review
1-29     by the court of appeals.  The administrative record and the
1-30     district court record shall be filed by the district clerk with the
1-31     clerk of the court of appeals.  The court of appeals may direct the
1-32     district court to conduct any necessary evidentiary hearings in
1-33     connection with the action.
1-34           SECTION 2.  Section 2001.176, Government Code, is amended by
1-35     adding Subsection (c) to read as follows:
1-36           (c)  A Travis County District Court in which an action is
1-37     brought under this section, on its own motion or on motion of any
1-38     party, may request transfer of the action to the Court of Appeals
1-39     for the Third Court of Appeals District if the district court finds
1-40     that the public interest requires a prompt, authoritative
1-41     determination of the legal issues in the case and the case could
1-42     ordinarily be appealed.  After filing of the district court's
1-43     request with the court of appeals, transfer of the action may be
1-44     granted by the court of appeals if it agrees with the findings of
1-45     the district court concerning the application of the statutory
1-46     standards to the action.  On entry of an order by the court of
1-47     appeals granting transfer, the action is transferred to the court
1-48     of appeals for decision, and the agency decision in the contested
1-49     case is subject to judicial review by the court of appeals.  The
1-50     administrative record and the district court record shall be filed
1-51     by the district clerk with the clerk of the court of appeals.  The
1-52     court of appeals may direct the district court to conduct any
1-53     necessary evidentiary hearings in connection with the action.
1-54           SECTION 3.  (a)  This Act takes effect September 1, 1999.
1-55           (b)  The change in law made by this Act applies to an action
1-56     pending in a district court on the effective date and to an action
1-57     filed on or after that date.
1-58           SECTION 4.  The importance of this legislation and the
1-59     crowded condition of the calendars in both houses create an
1-60     emergency and an imperative public necessity that the
1-61     constitutional rule requiring bills to be read on three several
1-62     days in each house be suspended, and this rule is hereby suspended.
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