82R6198 MCK-D
By: Elkins H.B. No. 1850
A BILL TO BE ENTITLED
AN ACT
relating to requiring legislative approval of administrative
rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2001.032(c), Government Code, is amended
to read as follows:
(c) A proposed rule may not be adopted by a state agency
until the standing committee of each house reviewing the rule
approves the rule by [On the vote of] a majority vote of its
members[, a standing committee may send to a state agency a
statement supporting or opposing adoption of a proposed rule].
This subsection does not apply to an emergency rule adopted under
Section 2001.034.
SECTION 2. Section 2001.033(a), Government Code, is amended
to read as follows:
(a) A state agency order finally adopting a rule must
include:
(1) a reasoned justification for the rule as adopted
consisting solely of:
(A) a summary of comments received from parties
interested in the rule that shows the names of interested groups or
associations offering comment on the rule and whether they were for
or against its adoption;
(B) a summary of the factual basis for the rule as
adopted which demonstrates a rational connection between the
factual basis for the rule and the rule as adopted; and
(C) the reasons why the agency disagrees with
party submissions and proposals;
(2) a concise restatement of the particular statutory
provisions under which the rule is adopted and of how the agency
interprets the provisions as authorizing or requiring the rule;
[and]
(3) a certification that the rule, as adopted, has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority; and
(4) a certification that the rule has been approved by
the legislature as provided by Section 2001.032(c).
SECTION 3. The change in law made by this Act applies only
to a proposed state agency rule for which notice of the rule as
proposed is first published in the Texas Register under Sections
2001.023 and 2001.024, Government Code, on or after the effective
date of this Act. Notice of a rule published before the effective
date of this Act is governed by the law in effect when the notice was
published, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect January 1, 2012, if the
constitutional amendment proposed by the 82nd Legislature, Regular
Session, 2011, adding Section 68, Article III, Texas Constitution,
and providing for legislative review of the process of rulemaking
by agencies in the executive department is approved by the voters.
If that amendment is not approved by the voters, this Act has no
effect.