84R6837 CJC-D
By: Smithee H.B. No. 3158
A BILL TO BE ENTITLED
AN ACT
relating to legislative approval of state agency rules that take
effect during the two years preceding a regular legislative
session.
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. LEGISLATIVE APPROVAL; EXPIRATION OF
UNAPPROVED RULE. (a) A state agency rule that takes effect during
the two calendar years preceding January 1 of the month in which a
regular session of the legislature convenes expires on the 90th day
following final adjournment of that regular session unless the
legislature passes a bill during the regular session or during a
subsequent special session that:
(1) approves the rule; and
(2) becomes law on or before the day on which the rule
expires.
(b) A state agency shall send to the presiding officer of
each house of the legislature not later than November 1 of each
even-numbered year a preliminary report that contains the name of
the agency, the text of each agency rule that took effect or that
has been adopted and that is subject to expiration under Subsection
(a), and a copy of the agency's order that finally adopted the rule.
The agency shall send to the presiding officer of each house of the
legislature not later than the first Monday after the date the
legislature convenes in regular session a final report that
contains the name of the agency, the text of each agency rule that
is subject to expiration under Subsection (a), and a copy of the
agency's order that finally adopted the rule.
(c) If a rule that expires under Subsection (a) amended or
repealed a prior rule, the text of the prior rule is revived as the
state agency's rule effective on the date that the unapproved rule
expires, to the extent that the text of the prior rule is still
consistent with the agency's rulemaking authority under law.
SECTION 2. This Act applies only to a state agency rule
that takes effect on or after January 1, 2015.
SECTION 3. 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.