HBA-GUM, KMH H.B. 2105 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2105
By: Capelo
Judicial Affairs
7/27/1999
Enrolled


BACKGROUND AND PURPOSE 

Public interest often requires that the validity of agency rules and
decisions be finally determined by the courts as speedily and efficiently
as possible.  Prior to the 76th Texas Legislature, the Administrative
Procedure Act provided that, except as otherwise provided by law, agency
rules and contested case decisions would be reviewed in sequence by the
district court of Travis County, Third Court of Appeals, and the Supreme
Court of Texas.  Completion of this process required many months or years,
delaying final judicial decisions and increasing the costs and attorney's
fees incurred by the parties involved. 

H.B. 2105 authorizes a district court in which an action is brought under
this section, on its own motion or the motion of any party, to transfer
jurisdiction of the action to the Court of Appeals for the Third Court of
Appeals District, if the district court determines that the district
court's decision under this section is likely to be appealed or that the
public interest requires a prompt authoritative determination of the
validity or applicability of the rule in question.  In addition, this bill
provides that on entry of an order by the court of appeals granting
transfer, the action is transferred to the court of appeals for decision,
and the validity or applicability of the rule in question is subject to
judicial review by the court of appeals.  This bill further requires the
administrative record and the district court record to be filed by the
district clerk with the clerk of the court of appeals, and the court of
appeals to direct a district court to conduct any necessary evidentiary
hearings in connection with the action. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2001.038, Government Code, by adding Subsection
(f), as follows: 

(f) Authorizes a Travis County district court in which an action is brought
under this section, on its own motion or the motion of any party, to
request transfer of the action to the Court of Appeals for the Third Court
of Appeals District, if the district court determines that the district
court's decision under this section is likely to be appealed or that the
public interest requires a prompt authoritative determination of the
validity or applicability of the rule in question.  Authorizes transfer of
the action to be granted by the court of appeals if it agrees with the
findings of the district court concerning the application of the statutory
standards to the action.  Provides that on entry of an order by the court
of appeals granting transfer, the action is transferred to the court of
appeals for decision, and the validity or applicability of the rule in
question is subject to judicial review by the court of appeals.  Requires
the administrative record and the district court record to be filed by the
district clerk with the clerk of the court of appeals.  Authorizes the
court of appeals to direct a district court to conduct any necessary
evidentiary hearings in connection with the action. 

SECTION 2.  Amends Section 2001.176, Government Code, by adding Subsection
(c), as follows: 

(c) Authorizes a Travis County district court in which an action is brought
under this section, on its own motion or the motion of any party, to
request transfer of the action to the Court  of Appeals for the Third Court
of Appeals District, if the district court determines that the district
court's decision under this section is likely to be appealed or that the
public interest requires a prompt authoritative determination of the
validity or applicability of the rule in question.  Authorizes transfer of
the action to be granted by the court of appeals if it agrees with the
findings of the district court concerning the application of the statutory
standards to the action.  Provides that on entry of an order by the court
of appeals granting transfer, the action is transferred to the court of
appeals for decision, and the validity or applicability of the rule in
question is subject to judicial review by the court of appeals.  Requires
the administrative record and the district court record to be filed by the
district clerk with the clerk of the court of appeals.  Authorizes the
court of appeals to direct a district court to conduct any necessary
evidentiary hearings in connection with the action. 

SECTION 3.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 4.  Emergency clause.