89R6347 AMF-D
By: Patterson H.B. No. 1494
A BILL TO BE ENTITLED
AN ACT
relating to venue in certain actions challenging the
constitutionality, validity, or applicability of state agency
administrative rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 15, Civil Practice and
Remedies Code, is amended by adding Section 15.0152 to read as
follows:
Sec. 15.0152. VALIDITY OF STATE AGENCY ADMINISTRATIVE
RULES. (a) Unless otherwise provided by statute, an action brought
against this state, a state agency, or a state official challenging
the constitutionality, validity, or applicability of an
administrative rule adopted by a state agency, including an
emergency rule adopted under Section 2001.034, Government Code, may
be filed only in:
(1) the county of the plaintiff's or appellant's
residence at the time the cause of action accrued;
(2) the county of the plaintiff's or appellant's
principal office in this state if the plaintiff is not an
individual;
(3) the county in which the headquarters of the
defendant state agency is located; or
(4) Travis County.
(b) A state agency may not adopt a rule limiting in suits
against the agency the permissible venues authorized under
Subsection (a).
SECTION 2. Sections 2001.038(b) and (f), Government Code,
are amended to read as follows:
(b) The action may be brought only in a [Travis County]
district court.
(f) A [Travis County] 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 Fifteenth Court of Appeals District if the district court
finds that the public interest requires a prompt, authoritative
determination of the validity or applicability of the rule in
question 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 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 or
applicability of the rule in question 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.
SECTION 3. Sections 2001.176(b) and (c), Government Code,
are amended to read as follows:
(b) Unless otherwise provided by statute, including Section
15.0152, Civil Practice and Remedies Code:
(1) the petition must be filed in a Travis County
district court;
(2) a copy of the petition must be served on the state
agency and each party of record in the proceedings before the
agency; and
(3) the filing of the petition vacates a state agency
decision for which trial de novo is the manner of review authorized
by law but does not affect the enforcement of an agency decision for
which another manner of review is authorized.
(c) A [Travis County] district court in which an action is
brought under this section, on its own motion or on motion of any
party, may request transfer of the action to the Court of Appeals
for the Fifteenth Court of Appeals District if the district court
finds that the public interest requires a prompt, authoritative
determination of the legal issues in the case 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
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 agency decision in the contested
case 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.
SECTION 4. The change in law made by this Act applies only
to an action commenced on or after the effective date of this Act.
An action commenced before the effective date of this Act is
governed by the law in effect the date the action was commenced, and
the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2025.