Texas 2019 - 86th Regular

Texas House Bill HB112 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R1695 CJC-D
2	2	By: Swanson H.B. No. 112
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to legislative review and approval of certain state agency
8	8	rules.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 2001, Government Code, is
11	11	amended by adding Section 2001.0321 to read as follows:
12	12	Sec. 2001.0321. LEGISLATIVE APPROVAL OF CERTAIN PROPOSED
13	13	RULES REQUIRED. (a) This section applies only to a rule proposed
14	14	by a state agency:
15	15	(1) the implementation and administration of which is
16	16	anticipated to have an economic impact of $20 million or more, as
17	17	determined by the agency; and
18	18	(2) that is not an emergency rule.
19	19	(b) A state agency shall file, on the same day it files
20	20	notice with the secretary of state as required by Section 2001.023,
21	21	a copy of each proposed rule with the officer or employee with whom
22	22	bills are filed in each house of the legislature. After filing, the
23	23	proposed rule shall be referred to a standing committee in the same
24	24	manner as bills are referred, unless a house by rule provides for
25	25	another manner of referral of agency rules. Each proposed rule must
26	26	be referred to a standing committee before the 10th day after the
27	27	date the rule is filed with the appropriate officer or employee of
28	28	each house.
29	29	(c) Not later than the 30th day after the date a proposed
30	30	rule is referred to a committee, the committee shall consider the
31	31	rule at a committee meeting and vote on the rule. A proposed rule is
32	32	approved by the unanimous vote of the committee's full membership.
33	33	If the committee does not approve a proposed rule by unanimous vote
34	34	of the committee's full membership, the rule is suspended. If a
35	35	proposed rule is suspended in committee, the committee shall, not
36	36	later than the third day after the date the rule is suspended:
37	37	(1) notify the state agency that proposed the rule of
38	38	the suspension; and
39	39	(2) file notice of the suspension with the secretary
40	40	of state for publication in the Texas Register.
41	41	(d) If a proposed rule is suspended in committee when the
42	42	legislature is in session, the chair of the committee shall give
43	43	written notice of the suspension to the presiding officer of the
44	44	appropriate house not later than the fifth day after the date the
45	45	rule is suspended. Not later than the 35th day after the date the
46	46	proposed rule is suspended in committee, the members of that house
47	47	shall vote on the rule. If a majority of members of that house vote
48	48	to approve the proposed rule, the rule is approved and the
49	49	committee's suspension terminates. If a majority of members of
50	50	that house do not vote to approve the proposed rule, the committee's
51	51	suspension remains in effect.
52	52	(e) If a proposed rule is suspended in committee 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 the
55	55	appropriate house during the first 10 days of the next regular
56	56	legislative session. Not later than the 30th day after the date the
57	57	notice is given, the members of that house shall vote on the
58	58	proposed rule. If a majority of members of that house vote to
59	59	approve the proposed rule, the rule is approved and the committee's
60	60	suspension terminates. If a majority of members of that house do
61	61	not vote to approve the proposed rule, the committee's suspension
62	62	remains in effect.
63	63	(f) Not later than the third day after the date a suspension
64	64	is terminated under Subsection (d) or (e), the presiding officer of
65	65	the appropriate house shall:
66	66	(1) notify the state agency that proposed the rule of
67	67	the suspension's termination; and
68	68	(2) file notice of the termination with the secretary
69	69	of state for publication in the Texas Register.
70	70	(g) A state agency may adopt a proposed rule only if the
71	71	rule:
72	72	(1) is approved by both committees to which it is
73	73	referred as provided by Subsection (c);
74	74	(2) was suspended in committee in only one house of the
75	75	legislature, and that house later votes to approve the rule; or
76	76	(3) was suspended in committee in both houses of the
77	77	legislature, and both houses later vote to approve the rule.
78	78	(h) During the time a proposed rule is suspended under this
79	79	section, the state agency that proposed the rule may not adopt a
80	80	rule or emergency rule containing the substance of the suspended
81	81	rule.
82	82	SECTION 2. Section 2001.0321, Government Code, as added by
83	83	this Act, applies only to a proposed state agency rule to which that
84	84	section applies and for which notice of the rule as proposed is
85	85	first published in the Texas Register under Section 2001.023,
86	86	Government Code, on or after the effective date of this Act. A rule
87	87	to which Section 2001.0321, Government Code, as added by this Act,
88	88	applies and for which notice is published before the effective date
89	89	of this Act is governed by the law in effect when the notice was
90	90	published, and the former law is continued in effect for that
91	91	purpose.
92	92	SECTION 3. This Act takes effect January 1, 2020, but only
93	93	if the constitutional amendment proposed by the 86th Legislature,
94	94	Regular Session, 2019, authorizing the legislature to provide for
95	95	legislative review or approval of state agency rules is approved by
96	96	the voters. If that proposed constitutional amendment is not
97	97	approved by the voters, this Act has no effect.