Texas 2017 - 85th Regular

Texas House Bill HB2926 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R18698 CJC-F
2	2	By: Roberts, Elkins, Parker, Capriglione, H.B. No. 2926
3	3	Minjarez
4	4	Substitute the following for H.B. No. 2926:
5	5	By: Paddie C.S.H.B. No. 2926
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to legislative review and approval of state agency rules.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the Texas Legislative
13	13	Review Act of 2017.
14	14	SECTION 2. Subchapter B, Chapter 2001, Government Code, is
15	15	amended by adding Section 2001.0361 to read as follows:
16	16	Sec. 2001.0361. LEGISLATIVE APPROVAL OF RULES. (a) A state
17	17	agency shall file, on the same day it files a rule with the
18	18	secretary of state under Section 2001.036, a copy of each rule,
19	19	other than an emergency rule, with the officer or employee with whom
20	20	bills are filed in each house of the legislature. After filing, the
21	21	rule shall be referred to a standing committee in the same manner as
22	22	bills are referred, unless a house by rule provides for another
23	23	manner of referral of agency rules. Each rule must be referred to a
24	24	standing committee before the 10th day after the date the rule is
25	25	filed with the appropriate officer or employee of each house.
26	26	(b) Not later than the 30th day after the date a rule is
27	27	referred to a committee, the committee may elect to consider the
28	28	rule at a committee meeting and vote on the question of whether to
29	29	suspend the rule. A rule may be suspended only if at least
30	30	two-thirds of the full membership of both committees to which the
31	31	rule is referred vote to suspend the rule. If either committee
32	32	elects not to consider the rule within the period of time provided
33	33	by this subsection or does not vote to suspend the rule, the rule is
34	34	considered approved and, subject to Section 2001.036, may take
35	35	effect. If a rule is suspended under this subsection, the
36	36	committees shall, not later than the third day after the date the
37	37	rule is suspended:
38	38	(1) notify the state agency that adopted the rule of
39	39	the suspension; and
40	40	(2) file notice of the suspension with the secretary
41	41	of state for publication in the Texas Register.
42	42	(c) If a rule is suspended under Subsection (b) when the
43	43	legislature is in session, the chair of each committee shall give
44	44	written notice of the suspension to the presiding officer of the
45	45	appropriate house not later than the fifth day after the date the
46	46	rule is suspended. Not later than the 35th day after the date the
47	47	rule is suspended in committee, the members of that house shall vote
48	48	on the question of whether to uphold the committee's suspension of
49	49	the rule. Unless a majority of the members of each house vote to
50	50	uphold the committees' suspension, the suspension terminates and,
51	51	subject to Section 2001.036, the rule may take effect.
52	52	(d) If a rule is suspended under Subsection (b) when the
53	53	legislature is not in session, the secretary of state shall give
54	54	written notice of the suspension to the presiding officer of each
55	55	house during the first 10 days of the next regular legislative
56	56	session. Not later than the 30th day after the date the notice is
57	57	given, the members of each house shall vote on the question of
58	58	whether to uphold the committee's suspension of the rule. Unless a
59	59	majority of the members of each house vote to uphold the committees'
60	60	suspension, the suspension terminates and, subject to Section
61	61	2001.036, the rule may take effect.
62	62	(e) Not later than the third day after the date a suspension
63	63	is terminated under Subsection (c) or (d), the presiding officer of
64	64	each house shall:
65	65	(1) notify the state agency that adopted the rule of
66	66	the suspension's termination; and
67	67	(2) file notice of the termination with the secretary
68	68	of state for publication in the Texas Register.
69	69	(f) Notwithstanding Section 2001.036, a rule adopted by a
70	70	state agency that is suspended in both committees to which the rule
71	71	is referred under Subsection (b) may not take effect unless either
72	72	house of the legislature does not vote to uphold the committees'
73	73	suspension under Subsection (c) or (d).
74	74	(g) During the time a rule is suspended under this section,
75	75	the state agency that adopted the rule may not enforce a substantive
76	76	provision of the suspended rule or adopt a rule or emergency rule
77	77	containing the substance of the suspended rule.
78	78	SECTION 3. Section 2001.0361, Government Code, as added by
79	79	this Act, applies only to a proposed state agency rule for which
80	80	notice of the rule as proposed is first published in the Texas
81	81	Register under Section 2001.023, Government Code, on or after the
82	82	effective date of this Act. A rule for which notice is published
83	83	before the effective date of this Act is governed by the law in
84	84	effect when the notice was published, and the former law is
85	85	continued in effect for that purpose.
86	86	SECTION 4. This Act takes effect January 1, 2018, but only
87	87	if the constitutional amendment proposed by the 85th Legislature,
88	88	Regular Session, 2017, authorizing the legislature to provide for
89	89	legislative review or approval of state agency rules is approved by
90	90	the voters. If that proposed constitutional amendment is not
91	91	approved by the voters, this Act has no effect.