HBA-KMH H.B. 2105 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2105 By: Capelo Judicial Affairs 3/17/1999 Introduced 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. The Administrative Procedure Act presently provides that, except as otherwise provided by law, agency rules and contested case decisions will 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 can require 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, with appropriate notice of transfer, to transfer jurisdiction of the action to the Court of Appeals for the Third Court of Appeals District. This bill requires the district court to enter the notice of transfer 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. This bill further requires 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 district court in which an action is brought under this section, with appropriate notice of transfer, to transfer jurisdiction of the action to the Court of Appeals for the Third Court of Appeals District. Requires the district court to enter the notice of transfer 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. Requires 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 district court in which an action is brought under this section, with appropriate notice of transfer, to transfer jurisdiction of the action to the Court of Appeals for the Third Court of Appeals District. Requires the district court to enter the notice of transfer 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. Requires 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.