bill letting agency rule challenges leave Travis County

The text as introduced · 810 words

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.