84R12257 YDB-D
By: Krause H.B. No. 2816
A BILL TO BE ENTITLED
AN ACT
relating to legislative and judicial review of state agency
rulemaking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2001, Government Code, is
amended by adding Section 2001.0321 to read as follows:
Sec. 2001.0321. DECLARATORY JUDGMENT. (a) Notwithstanding
and without limiting any other remedy available under law to any
person, a member of the legislature may bring an action for
declaratory judgment if it is alleged that a member of a governing
body of a state agency or an executive official of a state agency,
while engaged in rulemaking for the state agency, has adopted a rule
or proposed a rule for adoption without a grant of or contrary to a
grant of statutory or constitutional authority to adopt the rule or
proposed rule.
(b) An action for declaratory judgment under Subsection (a)
may be brought only in a district court of Travis County or in a
district court of the county in which the member of the governing
body of the state agency or executive official of the state agency
resides.
(c) A district court reviewing an action brought under
Subsection (a) may issue declaratory relief, including temporary
and emergency relief, regarding the validity of or authority to
adopt a state agency rule or proposed state agency rule, including
an emergency rule adopted under Section 2001.034, but may not issue
monetary relief other than costs of court.
(d) A court may render a declaratory judgment without regard
to whether the state agency made a determination on or issued any
order on the validity of or authority to adopt the state agency rule
or proposed state agency rule.
(e) A district court in which an action is brought under
this section, on its own motion or the motion of any party, may
request transfer of the action to the court of appeals for the
district court if the district court finds that the public interest
requires a prompt, authoritative determination of the validity of
or authority to adopt the state agency rule or proposed state agency
rule and the case would ordinarily be appealed. After filing of the
district court's request with the court of appeals, transfer of the
action may be granted by the court of appeals if it agrees with the
findings of the district court concerning the application of the
statutory or constitutional standards to the action. 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
of or authority to adopt the state agency rule or proposed state
agency rule is subject to judicial review by the court of appeals.
The administrative record and the district court record shall be
filed by the district clerk with the clerk of the court of appeals.
The court of appeals may direct the district court to conduct any
necessary evidentiary hearings in connection with the action.
(f) The attorney general may not represent a member of a
governing body of a state agency or an executive official of a state
agency, a state agency, or a member of the legislature in any suit
brought under this section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.