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.