HBA-KMH C.S.H.B. 2105 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2105 By: Capelo Judicial Affairs 3/25/1999 Committee Report (Substituted) 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. The Administrative Procedure Act presently provides that, except as otherwise provided by law, agency rules and contested case decisions will 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 can require many months or years, delaying final judicial decisions and increasing the costs and attorneys' fees incurred by the parties involved. C.S.H.B. 2105 authorizes a Travis County district court in which an action is brought under this section, with appropriate notice of transfer, to transfer jurisdiction of the action to the Court of Appeals for the Third Court of Appeals District. This bill requires the district court to enter the notice of transfer if the district court determines that the case would ordinarily be appealed and that the public interest requires a prompt authoritative determination of the validity or applicability of the rule in question. This bill further requires 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, with appropriate notice of transfer, to transfer jurisdiction of the action to the Court of Appeals for the Third Court of Appeals District. Requires the district court to enter the notice of transfer if the district court determines that the case would ordinarily be appealed and that the public interest requires a prompt authoritative determination of the validity or applicability of the rule in question. Requires 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, with appropriate notice of transfer, to transfer jurisdiction of the action to the Court of Appeals for the Third Court of Appeals District. Requires the district court to enter the notice of transfer if the district court determines that case would ordinarily be appealed and that the public interest requires a prompt authoritative determination of the validity or applicability of the rule in question. Requires 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. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. C.S.H.B. 2105 modifies the original in proposed Subsection (f) by restricting application of this bill to Travis County district courts. It also modifies the original by providing that a case shall be transferred if the court determines that the public interest requires a prompt determination of a rule's validity and that the case would ordinarily be appealed, rather than requiring the court to transfer a case if it was likely to be appealed or the public interest required a prompt determination. SECTION 2. C.S.H.B. 2105 modifies the original in proposed Subsection (c) by restricting application of this bill to Travis County district courts. It also modifies the original by providing that a case shall be transferred if the court determines that the public interest requires a prompt determination of a rule's validity and that the case would ordinarily be appealed, rather than requiring the court to transfer a case if it was likely to be appealed or the public interest required a prompt determination.