Texas House Bill HB4158

Texas 2017 - 85th Regular

Caption

Relating to prohibited denial of a stay of proceedings for a contested case for which an interlocutory appeal has been filed.

Impact

If enacted, HB 4158 would significantly impact administrative law procedures in Texas. By establishing a clear mandate that stays cannot be denied when an interlocutory appeal is in play, this bill enhances procedural fairness for individuals and entities engaged in contested cases. It helps to stabilize the process by ensuring that appeals will not be hindered by immediate procedural decisions made by administrative bodies, thereby potentially reducing the stress and uncertainty faced by appellants in these situations.

Summary

House Bill 4158 aims to amend the Government Code by prohibiting a state agency or an administrative law judge from denying a request for a stay of proceedings in a contested case when an interlocutory appeal has been filed. This amendment seeks to provide clarity and structure regarding how stays are handled in administrative cases, particularly those under dispute. The intent behind this bill is to ensure that parties involved in a contested case are afforded the protections they need while appealing decisions made during the proceedings.

Contention

The bill may face debates primarily focused on potential concerns regarding the efficiency of administrative proceedings. Critics might argue that the provision could lead to delays in the resolution of certain cases as stays could be requested more frequently, complicating the administrative process. On the other hand, supporters are likely to highlight the need for protections for appellants' rights in the face of potentially arbitrary decisions affecting the course of their contested cases. This tension between efficiency and fairness could spark notable discussions during legislative sessions.