| 1 | 1 | | 84R6837 CJC-D |
|---|
| 2 | 2 | | By: Smithee H.B. No. 3158 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to legislative approval of state agency rules that take |
|---|
| 8 | 8 | | effect during the two years preceding a regular legislative |
|---|
| 9 | 9 | | session. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter B, Chapter 2001, Government Code, is |
|---|
| 12 | 12 | | amended by adding Section 2001.0321 to read as follows: |
|---|
| 13 | 13 | | Sec. 2001.0321. LEGISLATIVE APPROVAL; EXPIRATION OF |
|---|
| 14 | 14 | | UNAPPROVED RULE. (a) A state agency rule that takes effect during |
|---|
| 15 | 15 | | the two calendar years preceding January 1 of the month in which a |
|---|
| 16 | 16 | | regular session of the legislature convenes expires on the 90th day |
|---|
| 17 | 17 | | following final adjournment of that regular session unless the |
|---|
| 18 | 18 | | legislature passes a bill during the regular session or during a |
|---|
| 19 | 19 | | subsequent special session that: |
|---|
| 20 | 20 | | (1) approves the rule; and |
|---|
| 21 | 21 | | (2) becomes law on or before the day on which the rule |
|---|
| 22 | 22 | | expires. |
|---|
| 23 | 23 | | (b) A state agency shall send to the presiding officer of |
|---|
| 24 | 24 | | each house of the legislature not later than November 1 of each |
|---|
| 25 | 25 | | even-numbered year a preliminary report that contains the name of |
|---|
| 26 | 26 | | the agency, the text of each agency rule that took effect or that |
|---|
| 27 | 27 | | has been adopted and that is subject to expiration under Subsection |
|---|
| 28 | 28 | | (a), and a copy of the agency's order that finally adopted the rule. |
|---|
| 29 | 29 | | The agency shall send to the presiding officer of each house of the |
|---|
| 30 | 30 | | legislature not later than the first Monday after the date the |
|---|
| 31 | 31 | | legislature convenes in regular session a final report that |
|---|
| 32 | 32 | | contains the name of the agency, the text of each agency rule that |
|---|
| 33 | 33 | | is subject to expiration under Subsection (a), and a copy of the |
|---|
| 34 | 34 | | agency's order that finally adopted the rule. |
|---|
| 35 | 35 | | (c) If a rule that expires under Subsection (a) amended or |
|---|
| 36 | 36 | | repealed a prior rule, the text of the prior rule is revived as the |
|---|
| 37 | 37 | | state agency's rule effective on the date that the unapproved rule |
|---|
| 38 | 38 | | expires, to the extent that the text of the prior rule is still |
|---|
| 39 | 39 | | consistent with the agency's rulemaking authority under law. |
|---|
| 40 | 40 | | SECTION 2. This Act applies only to a state agency rule |
|---|
| 41 | 41 | | that takes effect on or after January 1, 2015. |
|---|
| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 46 | 46 | | Act takes effect September 1, 2015. |
|---|