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A BILL TO BE ENTITLED
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AN ACT
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relating to venue in certain actions challenging the |
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constitutionality, validity, or applicability of state agency |
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administrative rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 15, Civil Practice and |
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Remedies Code, is amended by adding Section 15.0152 to read as |
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follows: |
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Sec. 15.0152. VALIDITY OF STATE AGENCY ADMINISTRATIVE |
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RULES. (a) Unless otherwise provided by statute, an action brought |
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against this state, a state agency, or a state official challenging |
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the constitutionality, validity, or applicability of an |
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administrative rule adopted by a state agency, including an |
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emergency rule adopted under Section 2001.034, Government Code, may |
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be filed only in: |
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(1) the county of the plaintiff's or appellant's |
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residence at the time the cause of action accrued; |
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(2) the county of the plaintiff's or appellant's |
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principal office in this state if the plaintiff is not an |
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individual; |
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(3) the county in which the headquarters of the |
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defendant state agency is located; or |
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(4) Travis County. |
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(b) A state agency may not adopt a rule limiting in suits |
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against the agency the permissible venues authorized under |
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Subsection (a). |
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SECTION 2. Sections 2001.038(b) and (f), Government Code, |
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are amended to read as follows: |
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(b) The action may be brought only in a [Travis County] |
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district court. |
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(f) A [Travis County] district court in which an action is |
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brought under this section, on its own motion or the motion of any |
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party, may request transfer of the action to the Court of Appeals |
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for the Fifteenth Court of Appeals District if the district court |
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finds that the public interest requires a prompt, authoritative |
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determination of the validity or applicability of the rule in |
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question and the case would ordinarily be appealed. After filing of |
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the district court's request with the court of appeals, transfer of |
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the action may be granted by the court of appeals if it agrees with |
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the findings of the district court concerning the application of |
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the statutory standards to the action. On entry of an order by the |
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court of appeals granting transfer, the action is transferred to |
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the court of appeals for decision, and the validity or |
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applicability of the rule in question is subject to judicial review |
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by the court of appeals. The administrative record and the district |
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court record shall be filed by the district clerk with the clerk of |
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the court of appeals. The court of appeals may direct the district |
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court to conduct any necessary evidentiary hearings in connection |
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with the action. |
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SECTION 3. Sections 2001.176(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) Unless otherwise provided by statute, including Section |
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15.0152, Civil Practice and Remedies Code: |
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(1) the petition must be filed in a Travis County |
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district court; |
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(2) a copy of the petition must be served on the state |
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agency and each party of record in the proceedings before the |
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agency; and |
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(3) the filing of the petition vacates a state agency |
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decision for which trial de novo is the manner of review authorized |
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by law but does not affect the enforcement of an agency decision for |
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which another manner of review is authorized. |
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(c) A [Travis County] district court in which an action is |
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brought under this section, on its own motion or on motion of any |
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party, may request transfer of the action to the Court of Appeals |
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for the Fifteenth Court of Appeals District if the district court |
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finds that the public interest requires a prompt, authoritative |
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determination of the legal issues in the case and the case would |
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ordinarily be appealed. After filing of the district court's |
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request with the court of appeals, transfer of the action may be |
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granted by the court of appeals if it agrees with the findings of |
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the district court concerning the application of the statutory |
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standards to the action. On entry of an order by the court of |
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appeals granting transfer, the action is transferred to the court |
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of appeals for decision, and the agency decision in the contested |
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case is subject to judicial review by the court of appeals. The |
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administrative record and the district court record shall be filed |
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by the district clerk with the clerk of the court of appeals. The |
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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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SECTION 4. The change in law made by this Act applies only |
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to an action commenced on or after the effective date of this Act. |
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An action commenced before the effective date of this Act is |
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governed by the law in effect the date the action was commenced, and |
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the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |