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|---|---|---|---|
| 1 | 1 | 86R1696 CJC-D | |
| 2 | 2 | By: Swanson H.J.R. No. 88 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A JOINT RESOLUTION | |
| 6 | 6 | proposing a constitutional amendment authorizing the legislature | |
| 7 | 7 | to provide for legislative review or approval of state agency | |
| 8 | 8 | rules. | |
| 9 | 9 | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Article II, Texas Constitution, is amended by | |
| 11 | 11 | adding Section 2 to read as follows: | |
| 12 | 12 | Sec. 2. (a) The legislature by general law may provide for | |
| 13 | 13 | legislative review or approval of rules adopted by agencies in the | |
| 14 | 14 | executive department. | |
| 15 | 15 | (b) The law may: | |
| 16 | 16 | (1) prescribe procedures regarding rules; | |
| 17 | 17 | (2) prescribe conditions for rules to take effect; | |
| 18 | 18 | (3) provide for suspension, repeal, or expiration of | |
| 19 | 19 | rules; or | |
| 20 | 20 | (4) delegate powers to either legislative house, | |
| 21 | 21 | including committees in those houses. | |
| 22 | 22 | (c) A general law enacted under this section must provide | |
| 23 | 23 | that only an elected member of the legislature may participate in | |
| 24 | 24 | the approval of rules adopted by agencies in the executive | |
| 25 | 25 | department. | |
| 26 | 26 | SECTION 2. This proposed constitutional amendment shall be | |
| 27 | 27 | submitted to the voters at an election to be held November 5, 2019. | |
| 28 | 28 | The ballot shall be printed to permit voting for or against the | |
| 29 | 29 | proposition: "The constitutional amendment authorizing the | |
| 30 | 30 | legislature to provide for legislative review or approval of state | |
| 31 | 31 | agency rules." |