Texas 2015 - 84th Regular

Texas House Bill HB2816 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R12257 YDB-D
2	2	By: Krause H.B. No. 2816
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to legislative and judicial review of state agency
8	8	rulemaking.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 2001, Government Code, is
11	11	amended by adding Section 2001.0321 to read as follows:
12	12	Sec. 2001.0321. DECLARATORY JUDGMENT. (a) Notwithstanding
13	13	and without limiting any other remedy available under law to any
14	14	person, a member of the legislature may bring an action for
15	15	declaratory judgment if it is alleged that a member of a governing
16	16	body of a state agency or an executive official of a state agency,
17	17	while engaged in rulemaking for the state agency, has adopted a rule
18	18	or proposed a rule for adoption without a grant of or contrary to a
19	19	grant of statutory or constitutional authority to adopt the rule or
20	20	proposed rule.
21	21	(b) An action for declaratory judgment under Subsection (a)
22	22	may be brought only in a district court of Travis County or in a
23	23	district court of the county in which the member of the governing
24	24	body of the state agency or executive official of the state agency
25	25	resides.
26	26	(c) A district court reviewing an action brought under
27	27	Subsection (a) may issue declaratory relief, including temporary
28	28	and emergency relief, regarding the validity of or authority to
29	29	adopt a state agency rule or proposed state agency rule, including
30	30	an emergency rule adopted under Section 2001.034, but may not issue
31	31	monetary relief other than costs of court.
32	32	(d) A court may render a declaratory judgment without regard
33	33	to whether the state agency made a determination on or issued any
34	34	order on the validity of or authority to adopt the state agency rule
35	35	or proposed state agency rule.
36	36	(e) A district court in which an action is brought under
37	37	this section, on its own motion or the motion of any party, may
38	38	request transfer of the action to the court of appeals for the
39	39	district court if the district court finds that the public interest
40	40	requires a prompt, authoritative determination of the validity of
41	41	or authority to adopt the state agency rule or proposed state agency
42	42	rule and the case would ordinarily be appealed. After filing of the
43	43	district court's request with the court of appeals, transfer of the
44	44	action may be granted by the court of appeals if it agrees with the
45	45	findings of the district court concerning the application of the
46	46	statutory or constitutional standards to the action. On entry of an
47	47	order by the court of appeals granting transfer, the action is
48	48	transferred to the court of appeals for decision, and the validity
49	49	of or authority to adopt the state agency rule or proposed state
50	50	agency rule is subject to judicial review by the court of appeals.
51	51	The administrative record and the district court record shall be
52	52	filed by the district clerk with the clerk of the court of appeals.
53	53	The court of appeals may direct the district court to conduct any
54	54	necessary evidentiary hearings in connection with the action.
55	55	(f) The attorney general may not represent a member of a
56	56	governing body of a state agency or an executive official of a state
57	57	agency, a state agency, or a member of the legislature in any suit
58	58	brought under this section.
59	59	SECTION 2. This Act takes effect immediately if it receives
60	60	a vote of two-thirds of all the members elected to each house, as
61	61	provided by Section 39, Article III, Texas Constitution. If this
62	62	Act does not receive the vote necessary for immediate effect, this
63	63	Act takes effect September 1, 2015.