Bill Text: TX HB2816 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to legislative and judicial review of state agency rulemaking.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-16 - Referred to State Affairs [HB2816 Detail]
Download: Texas-2015-HB2816-Introduced.html
84R12257 YDB-D | ||
By: Krause | H.B. No. 2816 |
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relating to legislative and judicial review of state agency | ||
rulemaking. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 2001, Government Code, is | ||
amended by adding Section 2001.0321 to read as follows: | ||
Sec. 2001.0321. DECLARATORY JUDGMENT. (a) Notwithstanding | ||
and without limiting any other remedy available under law to any | ||
person, a member of the legislature may bring an action for | ||
declaratory judgment if it is alleged that a member of a governing | ||
body of a state agency or an executive official of a state agency, | ||
while engaged in rulemaking for the state agency, has adopted a rule | ||
or proposed a rule for adoption without a grant of or contrary to a | ||
grant of statutory or constitutional authority to adopt the rule or | ||
proposed rule. | ||
(b) An action for declaratory judgment under Subsection (a) | ||
may be brought only in a district court of Travis County or in a | ||
district court of the county in which the member of the governing | ||
body of the state agency or executive official of the state agency | ||
resides. | ||
(c) A district court reviewing an action brought under | ||
Subsection (a) may issue declaratory relief, including temporary | ||
and emergency relief, regarding the validity of or authority to | ||
adopt a state agency rule or proposed state agency rule, including | ||
an emergency rule adopted under Section 2001.034, but may not issue | ||
monetary relief other than costs of court. | ||
(d) A court may render a declaratory judgment without regard | ||
to whether the state agency made a determination on or issued any | ||
order on the validity of or authority to adopt the state agency rule | ||
or proposed state agency rule. | ||
(e) A 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 | ||
district court if the district court finds that the public interest | ||
requires a prompt, authoritative determination of the validity of | ||
or authority to adopt the state agency rule or proposed state agency | ||
rule 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 or constitutional 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 | ||
of or authority to adopt the state agency rule or proposed state | ||
agency rule 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. | ||
(f) The attorney general may not represent a member of a | ||
governing body of a state agency or an executive official of a state | ||
agency, a state agency, or a member of the legislature in any suit | ||
brought under this section. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |