| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 85R5314 YDB-D | |
| 2 | 2 | By: Zedler H.B. No. 784 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to attorney general approval of a state agency action for a | |
| 8 | 8 | declaratory judgment against another state agency. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Section 2001.038, Government Code, is amended by | |
| 11 | 11 | adding Subsection (a-1) to read as follows: | |
| 12 | 12 | (a-1) A state agency may challenge the validity or | |
| 13 | 13 | applicability of a rule proposed or adopted by another state agency | |
| 14 | 14 | in an action for declaratory judgment brought under this section | |
| 15 | 15 | only if the attorney general gives written approval authorizing the | |
| 16 | 16 | state agency to file the action. | |
| 17 | 17 | SECTION 2. Section 2001.038(a-1), Government Code, as added | |
| 18 | 18 | by this Act, applies only to an action for declaratory judgment | |
| 19 | 19 | filed on or after the effective date of this Act. | |
| 20 | 20 | SECTION 3. This Act takes effect immediately if it receives | |
| 21 | 21 | a vote of two-thirds of all the members elected to each house, as | |
| 22 | 22 | provided by Section 39, Article III, Texas Constitution. If this | |
| 23 | 23 | Act does not receive the vote necessary for immediate effect, this | |
| 24 | 24 | Act takes effect September 1, 2017. |