HBA-GUM, KMH H.B. 2105 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2105 By: Capelo Judicial Affairs 7/27/1999 Enrolled BACKGROUND AND PURPOSE Public interest often requires that the validity of agency rules and decisions be finally determined by the courts as speedily and efficiently as possible. Prior to the 76th Texas Legislature, the Administrative Procedure Act provided that, except as otherwise provided by law, agency rules and contested case decisions would be reviewed in sequence by the district court of Travis County, Third Court of Appeals, and the Supreme Court of Texas. Completion of this process required many months or years, delaying final judicial decisions and increasing the costs and attorney's fees incurred by the parties involved. H.B. 2105 authorizes a district court in which an action is brought under this section, on its own motion or the motion of any party, to transfer jurisdiction of the action to the Court of Appeals for the Third Court of Appeals District, if the district court determines that the district court's decision under this section is likely to be appealed or that the public interest requires a prompt authoritative determination of the validity or applicability of the rule in question. In addition, this bill provides that 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. This bill further requires the administrative record and the district court record to be filed by the district clerk with the clerk of the court of appeals, and the court of appeals to direct a district court to conduct any necessary evidentiary hearings in connection with the action. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2001.038, Government Code, by adding Subsection (f), as follows: (f) Authorizes a Travis County district court in which an action is brought under this section, on its own motion or the motion of any party, to request transfer of the action to the Court of Appeals for the Third Court of Appeals District, if the district court determines that the district court's decision under this section is likely to be appealed or that the public interest requires a prompt authoritative determination of the validity or applicability of the rule in question. Authorizes transfer of the action to 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. Provides that 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. Requires the administrative record and the district court record to be filed by the district clerk with the clerk of the court of appeals. Authorizes the court of appeals to direct a district court to conduct any necessary evidentiary hearings in connection with the action. SECTION 2. Amends Section 2001.176, Government Code, by adding Subsection (c), as follows: (c) Authorizes a Travis County district court in which an action is brought under this section, on its own motion or the motion of any party, to request transfer of the action to the Court of Appeals for the Third Court of Appeals District, if the district court determines that the district court's decision under this section is likely to be appealed or that the public interest requires a prompt authoritative determination of the validity or applicability of the rule in question. Authorizes transfer of the action to 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. Provides that 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. Requires the administrative record and the district court record to be filed by the district clerk with the clerk of the court of appeals. Authorizes the court of appeals to direct a district court to conduct any necessary evidentiary hearings in connection with the action. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.