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. 1-63 * * * * *