Texas Labor Code - Section 21.009. Joinder Of Commission
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§ 21.009. JOINDER OF COMMISSION. (a) In any civil action
in which the validity of a provision of this chapter or Chapter 461,
Government Code, a rule adopted under this chapter or Chapter 461,
Government Code, or the application of the provision or rule is
challenged as void, unconstitutional, or unenforceable, the
commission shall be made a party to the proceedings, and, on the
motion of the commission, venue of the cause may be transferred to
the district courts of Travis County.
(b) An order restraining the commission or invalidating a
provision of this chapter or Chapter 461, Government Code, or a
commission rule adopted under this chapter or Chapter 461,
Government Code, may not be enforced and may not take effect until
the commission has answered and appeared in the action and has
exhausted all avenues of appeal and any judgment is final and
enforceable.
(c) Notwithstanding any other provision of state law,
including this chapter, only the commission, if a prevailing party,
may recover costs and attorney's fees in such a declaratory
proceeding under this section.
Added by Acts 1995, 74th Leg., ch. 76, § 9.08(a), eff. Sept. 1,
1995.
Section: 21.003 21.0035 21.004 21.005 21.006 21.007 21.008 21.009 21.010 21.051 21.052 21.053 21.054 21.055 21.056
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Last modified: August 10, 2007
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