HBA-KMH C.S.H.B. 2105 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2105
By: Capelo
Judicial Affairs
3/25/1999
Committee Report (Substituted)


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 attorneys' fees incurred by
the parties involved. 

C.S.H.B. 2105 authorizes a Travis County 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 case would
ordinarily be appealed and 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 Travis County 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 case would ordinarily be
appealed and 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 Travis County 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 case would ordinarily be
appealed and 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.
 
COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1.  C.S.H.B. 2105 modifies the original in proposed Subsection (f)
by restricting application of this bill to Travis County district courts.
It also modifies the original by providing that a case shall be transferred
if the court determines that the public interest requires a prompt
determination of a rule's validity and that the case would ordinarily be
appealed, rather than requiring the court to transfer a case if it was
likely to be appealed or the public interest required a prompt
determination. 

SECTION 2.  C.S.H.B. 2105 modifies the original in proposed Subsection (c)
by restricting application of this bill to Travis County district courts.
It also modifies the original by providing that a case shall be transferred
if the court determines that the public interest requires a prompt
determination of a rule's validity and that the case would ordinarily be
appealed, rather than requiring the court to transfer a case if it was
likely to be appealed or the public interest required a prompt
determination.