HB1494 - Relating to venue in certain actions challenging the constitutionality, validity, or applicability of state agency administrative rules.

  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.