| 1 | 1 | | 85R499 CJC-D |
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| 2 | 2 | | By: Roberts, Elkins, Parker, Capriglione H.J.R. No. 94 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment authorizing the legislature |
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| 7 | 7 | | to provide for legislative review or approval of state agency |
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| 8 | 8 | | rules. |
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| 9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article II, Texas Constitution, is amended by |
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| 11 | 11 | | adding Section 2 to read as follows: |
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| 12 | 12 | | Sec. 2. (a) The legislature by general law may provide for |
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| 13 | 13 | | legislative review or approval of rules adopted by agencies in the |
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| 14 | 14 | | executive department. |
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| 15 | 15 | | (b) The law may: |
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| 16 | 16 | | (1) prescribe procedures regarding rules; |
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| 17 | 17 | | (2) prescribe conditions for rules to take effect; |
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| 18 | 18 | | (3) provide for suspension, repeal, or expiration of |
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| 19 | 19 | | rules; or |
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| 20 | 20 | | (4) delegate powers to either legislative house, |
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| 21 | 21 | | including committees in those houses. |
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| 22 | 22 | | (c) A general law enacted under this section must provide |
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| 23 | 23 | | that only an elected member of the legislature may participate in |
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| 24 | 24 | | the approval of rules adopted by agencies in the executive |
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| 25 | 25 | | department. |
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| 26 | 26 | | SECTION 2. This proposed constitutional amendment shall be |
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| 27 | 27 | | submitted to the voters at an election to be held November 7, 2017. |
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| 28 | 28 | | The ballot shall be printed to permit voting for or against the |
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| 29 | 29 | | proposition: "The constitutional amendment authorizing the |
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| 30 | 30 | | legislature to provide for legislative review or approval of state |
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| 31 | 31 | | agency rules." |
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