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A BILL TO BE ENTITLED
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AN ACT
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relating to legislative and judicial review of state agency |
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rulemaking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 2001, Government Code, is |
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amended by adding Section 2001.0321 to read as follows: |
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Sec. 2001.0321. DECLARATORY JUDGMENT. (a) Notwithstanding |
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and without limiting any other remedy available under law to any |
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person, a member of the legislature may bring an action for |
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declaratory judgment if it is alleged that a member of a governing |
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body of a state agency or an executive official of a state agency, |
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while engaged in rulemaking for the state agency, has adopted a rule |
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or proposed a rule for adoption without a grant of or contrary to a |
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grant of statutory or constitutional authority to adopt the rule or |
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proposed rule. |
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(b) An action for declaratory judgment under Subsection (a) |
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may be brought only in a district court of Travis County or in a |
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district court of the county in which the member of the governing |
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body of the state agency or executive official of the state agency |
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resides. |
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(c) A district court reviewing an action brought under |
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Subsection (a) may issue declaratory relief, including temporary |
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and emergency relief, regarding the validity of or authority to |
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adopt a state agency rule or proposed state agency rule, including |
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an emergency rule adopted under Section 2001.034, but may not issue |
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monetary relief other than costs of court. |
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(d) A court may render a declaratory judgment without regard |
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to whether the state agency made a determination on or issued any |
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order on the validity of or authority to adopt the state agency rule |
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or proposed state agency rule. |
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(e) A district court in which an action is brought under |
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this section, on its own motion or the motion of any party, may |
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request transfer of the action to the court of appeals for the |
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district court if the district court finds that the public interest |
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requires a prompt, authoritative determination of the validity of |
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or authority to adopt the state agency rule or proposed state agency |
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rule and the case would ordinarily be appealed. After filing of the |
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district court's request with the court of appeals, transfer of the |
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action may be granted by the court of appeals if it agrees with the |
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findings of the district court concerning the application of the |
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statutory or constitutional standards to the action. On entry of an |
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order by the court of appeals granting transfer, the action is |
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transferred to the court of appeals for decision, and the validity |
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of or authority to adopt the state agency rule or proposed state |
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agency rule is subject to judicial review by the court of appeals. |
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The administrative record and the district court record shall be |
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filed by the district clerk with the clerk of the court of appeals. |
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The court of appeals may direct the district court to conduct any |
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necessary evidentiary hearings in connection with the action. |
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(f) The attorney general may not represent a member of a |
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governing body of a state agency or an executive official of a state |
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agency, a state agency, or a member of the legislature in any suit |
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brought under this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |