Texas 2025 - 89th Regular

Texas House Bill HB1494 Compare Versions

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

Old	New	Differences
1	1	89R6347 AMF-D
2	2	By: Patterson H.B. No. 1494
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to venue in certain actions challenging the
10	10	constitutionality, validity, or applicability of state agency
11	11	administrative rules.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 15, Civil Practice and
14	14	Remedies Code, is amended by adding Section 15.0152 to read as
15	15	follows:
16	16	Sec. 15.0152. VALIDITY OF STATE AGENCY ADMINISTRATIVE
17	17	RULES. (a) Unless otherwise provided by statute, an action brought
18	18	against this state, a state agency, or a state official challenging
19	19	the constitutionality, validity, or applicability of an
20	20	administrative rule adopted by a state agency, including an
21	21	emergency rule adopted under Section 2001.034, Government Code, may
22	22	be filed only in:
23	23	(1) the county of the plaintiff's or appellant's
24	24	residence at the time the cause of action accrued;
25	25	(2) the county of the plaintiff's or appellant's
26	26	principal office in this state if the plaintiff is not an
27	27	individual;
28	28	(3) the county in which the headquarters of the
29	29	defendant state agency is located; or
30	30	(4) Travis County.
31	31	(b) A state agency may not adopt a rule limiting in suits
32	32	against the agency the permissible venues authorized under
33	33	Subsection (a).
34	34	SECTION 2. Sections 2001.038(b) and (f), Government Code,
35	35	are amended to read as follows:
36	36	(b) The action may be brought only in a [Travis County]
37	37	district court.
38	38	(f) A [Travis County] district court in which an action is
39	39	brought under this section, on its own motion or the motion of any
40	40	party, may request transfer of the action to the Court of Appeals
41	41	for the Fifteenth Court of Appeals District if the district court
42	42	finds that the public interest requires a prompt, authoritative
43	43	determination of the validity or applicability of the rule in
44	44	question and the case would ordinarily be appealed. After filing of
45	45	the district court's request with the court of appeals, transfer of
46	46	the action may be granted by the court of appeals if it agrees with
47	47	the findings of the district court concerning the application of
48	48	the statutory standards to the action. On entry of an order by the
49	49	court of appeals granting transfer, the action is transferred to
50	50	the court of appeals for decision, and the validity or
51	51	applicability of the rule in question is subject to judicial review
52	52	by the court of appeals. The administrative record and the district
53	53	court record shall be filed by the district clerk with the clerk of
54	54	the court of appeals. The court of appeals may direct the district
55	55	court to conduct any necessary evidentiary hearings in connection
56	56	with the action.
57	57	SECTION 3. Sections 2001.176(b) and (c), Government Code,
58	58	are amended to read as follows:
59	59	(b) Unless otherwise provided by statute, including Section
60	60	15.0152, Civil Practice and Remedies Code:
61	61	(1) the petition must be filed in a Travis County
62	62	district court;
63	63	(2) a copy of the petition must be served on the state
64	64	agency and each party of record in the proceedings before the
65	65	agency; and
66	66	(3) the filing of the petition vacates a state agency
67	67	decision for which trial de novo is the manner of review authorized
68	68	by law but does not affect the enforcement of an agency decision for
69	69	which another manner of review is authorized.
70	70	(c) A [Travis County] district court in which an action is
71	71	brought under this section, on its own motion or on motion of any
72	72	party, may request transfer of the action to the Court of Appeals
73	73	for the Fifteenth Court of Appeals District if the district court
74	74	finds that the public interest requires a prompt, authoritative
75	75	determination of the legal issues in the case and the case would
76	76	ordinarily be appealed. After filing of the district court's
77	77	request with the court of appeals, transfer of the action may be
78	78	granted by the court of appeals if it agrees with the findings of
79	79	the district court concerning the application of the statutory
80	80	standards to the action. On entry of an order by the court of
81	81	appeals granting transfer, the action is transferred to the court
82	82	of appeals for decision, and the agency decision in the contested
83	83	case is subject to judicial review by the court of appeals. The
84	84	administrative record and the district court record shall be filed
85	85	by the district clerk with the clerk of the court of appeals. The
86	86	court of appeals may direct the district court to conduct any
87	87	necessary evidentiary hearings in connection with the action.
88	88	SECTION 4. The change in law made by this Act applies only
89	89	to an action commenced on or after the effective date of this Act.
90	90	An action commenced before the effective date of this Act is
91	91	governed by the law in effect the date the action was commenced, and
92	92	the former law is continued in effect for that purpose.
93	93	SECTION 5. This Act takes effect September 1, 2025.