85R18698 CJC-F
By: Roberts, Elkins, Parker, Capriglione, H.B. No. 2926
Minjarez
Substitute the following for H.B. No. 2926:
By: Paddie C.S.H.B. No. 2926
A BILL TO BE ENTITLED
AN ACT
relating to legislative review and approval of state agency rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Texas Legislative
Review Act of 2017.
SECTION 2. Subchapter B, Chapter 2001, Government Code, is
amended by adding Section 2001.0361 to read as follows:
Sec. 2001.0361. LEGISLATIVE APPROVAL OF RULES. (a) A state
agency shall file, on the same day it files a rule with the
secretary of state under Section 2001.036, a copy of each rule,
other than an emergency rule, with the officer or employee with whom
bills are filed in each house of the legislature. After filing, the
rule shall be referred to a standing committee in the same manner as
bills are referred, unless a house by rule provides for another
manner of referral of agency rules. Each rule must be referred to a
standing committee before the 10th day after the date the rule is
filed with the appropriate officer or employee of each house.
(b) Not later than the 30th day after the date a rule is
referred to a committee, the committee may elect to consider the
rule at a committee meeting and vote on the question of whether to
suspend the rule. A rule may be suspended only if at least
two-thirds of the full membership of both committees to which the
rule is referred vote to suspend the rule. If either committee
elects not to consider the rule within the period of time provided
by this subsection or does not vote to suspend the rule, the rule is
considered approved and, subject to Section 2001.036, may take
effect. If a rule is suspended under this subsection, the
committees shall, not later than the third day after the date the
rule is suspended:
(1) notify the state agency that adopted the rule of
the suspension; and
(2) file notice of the suspension with the secretary
of state for publication in the Texas Register.
(c) If a rule is suspended under Subsection (b) when the
legislature is in session, the chair of each committee shall give
written notice of the suspension to the presiding officer of the
appropriate house not later than the fifth day after the date the
rule is suspended. Not later than the 35th day after the date the
rule is suspended in committee, the members of that house shall vote
on the question of whether to uphold the committee's suspension of
the rule. Unless a majority of the members of each house vote to
uphold the committees' suspension, the suspension terminates and,
subject to Section 2001.036, the rule may take effect.
(d) If a rule is suspended under Subsection (b) when the
legislature is not in session, the secretary of state shall give
written notice of the suspension to the presiding officer of each
house during the first 10 days of the next regular legislative
session. Not later than the 30th day after the date the notice is
given, the members of each house shall vote on the question of
whether to uphold the committee's suspension of the rule. Unless a
majority of the members of each house vote to uphold the committees'
suspension, the suspension terminates and, subject to Section
2001.036, the rule may take effect.
(e) Not later than the third day after the date a suspension
is terminated under Subsection (c) or (d), the presiding officer of
each house shall:
(1) notify the state agency that adopted the rule of
the suspension's termination; and
(2) file notice of the termination with the secretary
of state for publication in the Texas Register.
(f) Notwithstanding Section 2001.036, a rule adopted by a
state agency that is suspended in both committees to which the rule
is referred under Subsection (b) may not take effect unless either
house of the legislature does not vote to uphold the committees'
suspension under Subsection (c) or (d).
(g) During the time a rule is suspended under this section,
the state agency that adopted the rule may not enforce a substantive
provision of the suspended rule or adopt a rule or emergency rule
containing the substance of the suspended rule.
SECTION 3. Section 2001.0361, Government Code, as added 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 Section 2001.023, Government Code, on or after the
effective date of this Act. A rule for which notice is 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, 2018, but only
if the constitutional amendment proposed by the 85th Legislature,
Regular Session, 2017, authorizing the legislature to provide for
legislative review or approval of state agency rules is approved by
the voters. If that proposed constitutional amendment is not
approved by the voters, this Act has no effect.