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A BILL TO BE ENTITLED
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AN ACT
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relating to attorney general approval of a state agency action for a |
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declaratory judgment against another state agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.038, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A state agency may challenge the validity or |
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applicability of a rule proposed or adopted by another state agency |
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in an action for declaratory judgment brought under this section |
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only if the attorney general gives written approval authorizing the |
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state agency to file the action. |
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SECTION 2. Section 2001.038(a-1), Government Code, as added |
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by this Act, applies only to an action for declaratory judgment |
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filed on or after the effective date of this Act. |
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SECTION 3. 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, 2017. |