Texas 2019 - 86th Regular

Texas Senate Bill SB122 Compare Versions

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

Old	New	Differences
1	1	86R2051 CJC-F
2	2	By: West S.B. No. 122
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedure by which a state agency considers
8	8	legislative intent when adopting an agency rule.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2001.032, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 2001.032. CONSIDERATION OF LEGISLATIVE INTENT
13	13	[REVIEW]. (a) In this section, a reference to the law under which a
14	14	rule is or would be adopted includes a reference to the law that
15	15	authorizes a state agency to adopt the rule and to the law that the
16	16	rule would implement or enforce.
17	17	(b) Before a state agency gives notice of its intention to
18	18	adopt a rule under Sections 2001.023 and 2001.024, the agency must
19	19	inform each author and sponsor of legislation that became law and
20	20	that added, amended, or clearly affected the law under which the
21	21	rule would be adopted, if the person is still a member of the
22	22	legislature, that the adoption of a rule related to the member's
23	23	legislation is being considered.
24	24	(c) The state agency shall deliver a copy of the notice of
25	25	the proposed rule required by Sections 2001.023 and 2001.024 to
26	26	each member of the legislature described by Subsection (b)
27	27	concurrently with the agency's filing of the notice with the
28	28	secretary of state. Not later than the seventh day before the date
29	29	the state agency considers the rule for final adoption, the agency
30	30	shall deliver to the member a copy of the rule as proposed for final
31	31	adoption if the text of the rule differs from the text of the
32	32	proposed rule published under Section 2001.024 and shall solicit
33	33	comment from the member regarding the changed text of the proposed
34	34	rule. The state agency shall:
35	35	(1) timely inform the member of the time and place of
36	36	any public hearing or informal conference held in connection with
37	37	the proposed rule and allow the member to participate; and
38	38	(2) invite the member to participate as a member of any
39	39	advisory committee the state agency appoints in connection with the
40	40	proposed rule.
41	41	(d) The state agency shall deliver a copy of an emergency
42	42	rule adopted under Section 2001.034 and the written reasons for its
43	43	adoption to each member of the legislature described by Subsection
44	44	(b) with respect to the law under which the emergency rule was
45	45	adopted concurrently with the agency's filing of the rule and the
46	46	reasons for its adoption with the secretary of state. If the state
47	47	agency gives an abbreviated notice or conducts a hearing in
48	48	connection with the adoption of the emergency rule, the agency
49	49	shall promptly provide to the member a copy of the notice and shall
50	50	timely inform the member of the time and place of any hearing.
51	51	(e) If a dispute arises between the state agency and a
52	52	member of the legislature described by Subsection (b) with regard
53	53	to the legislature's intent in enacting or otherwise affecting the
54	54	law under which the rule would be adopted, the state agency or the
55	55	member may request the attorney general to issue an opinion to
56	56	resolve the dispute. If an opinion is requested under this
57	57	subsection before the date on which the rule would otherwise take
58	58	effect, the rule may not take effect unless the attorney general
59	59	issues an opinion that determines the rule as finally proposed for
60	60	adoption is consistent with the legislature's intent in enacting or
61	61	otherwise affecting the law under which the rule would be adopted.
62	62	[Each house of the legislature by rule shall establish a process
63	63	under which the presiding officer of each house refers each
64	64	proposed state agency rule to the appropriate standing committee
65	65	for review before the rule is adopted.
66	66	[(b) On receiving a written request from the lieutenant
67	67	governor, a member of the legislature, or a legislative agency, the
68	68	secretary of state shall provide the requestor with electronic
69	69	notification of rulemaking filings by a state agency under Section
70	70	2001.023.
71	71	[(c) On the vote of a majority of its members, a standing
72	72	committee may send to a state agency a statement supporting or
73	73	opposing adoption of a proposed rule.]
74	74	SECTION 2. Section 402.042(b), Government Code, is amended
75	75	to read as follows:
76	76	(b) An opinion may be requested by:
77	77	(1) the governor;
78	78	(2) the head of a department of state government;
79	79	(3) a head or board of a penal institution;
80	80	(4) a head or board of an eleemosynary institution;
81	81	(5) the head of a state board;
82	82	(6) a regent or trustee of a state educational
83	83	institution;
84	84	(7) a member of the legislature in accordance with
85	85	Section 2001.032;
86	86	(8) a committee of a house of the legislature;
87	87	(9) [(8)] a county auditor authorized by law; or
88	88	(10) [(9)] the chairman of the governing board of a
89	89	river authority.
90	90	SECTION 3. Section 141.008(a), Health and Safety Code, is
91	91	amended to read as follows:
92	92	(a) The executive commissioner may adopt rules to implement
93	93	this chapter. In adopting the rules the executive commissioner
94	94	shall comply with Subchapter B, Chapter 2001, Government Code,
95	95	including Sections 2001.032 [2001.032(b)] and 2001.033, Government
96	96	Code. In developing the rules to be adopted by the executive
97	97	commissioner, the department shall consult parents, youth camp
98	98	operators, and appropriate public and private officials and
99	99	organizations.
100	100	SECTION 4. The change in law made by this Act applies only
101	101	in relation to:
102	102	(1) a state agency rule for which notice of the rule as
103	103	proposed is first published in the Texas Register under Sections
104	104	2001.023 and 2001.024, Government Code, on or after October 1,
105	105	2019; or
106	106	(2) an emergency rule adopted on or after September
107	107	15, 2019.
108	108	SECTION 5. This Act takes effect September 1, 2019.