87R1710 CJC-D
By: Swanson H.B. No. 70
A BILL TO BE ENTITLED
AN ACT
relating to legislative review and approval of certain state agency
rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2001, Government Code, is
amended by adding Section 2001.0321 to read as follows:
Sec. 2001.0321. LEGISLATIVE APPROVAL OF CERTAIN PROPOSED
RULES REQUIRED. (a) This section applies only to a rule proposed
by a state agency:
(1) the implementation and administration of which is
anticipated to have an economic impact of $20 million or more, as
determined by the agency; and
(2) that is not an emergency rule.
(b) A state agency shall file, on the same day it files
notice with the secretary of state as required by Section 2001.023,
a copy of each proposed rule with the officer or employee with whom
bills are filed in each house of the legislature. After filing, the
proposed 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 proposed 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.
(c) Not later than the 30th day after the date a proposed
rule is referred to a committee, the committee shall consider the
rule at a committee meeting and vote on the rule. A proposed rule is
approved by the unanimous vote of the committee's full membership.
If the committee does not approve a proposed rule by unanimous vote
of the committee's full membership, the rule is suspended. If a
proposed rule is suspended in committee, the committee shall, not
later than the third day after the date the rule is suspended:
(1) notify the state agency that proposed the rule of
the suspension; and
(2) file notice of the suspension with the secretary
of state for publication in the Texas Register.
(d) If a proposed rule is suspended in committee when the
legislature is in session, the chair of the 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
proposed rule is suspended in committee, the members of that house
shall vote on the rule. If a majority of members of that house vote
to approve the proposed rule, the rule is approved and the
committee's suspension terminates. If a majority of members of
that house do not vote to approve the proposed rule, the committee's
suspension remains in effect.
(e) If a proposed rule is suspended in committee when the
legislature is not in session, the secretary of state shall give
written notice of the suspension to the presiding officer of the
appropriate 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 that house shall vote on the
proposed rule. If a majority of members of that house vote to
approve the proposed rule, the rule is approved and the committee's
suspension terminates. If a majority of members of that house do
not vote to approve the proposed rule, the committee's suspension
remains in effect.
(f) Not later than the third day after the date a suspension
is terminated under Subsection (d) or (e), the presiding officer of
the appropriate house shall:
(1) notify the state agency that proposed 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.
(g) A state agency may adopt a proposed rule only if the
rule:
(1) is approved by both committees to which it is
referred as provided by Subsection (c);
(2) was suspended in committee in only one house of the
legislature, and that house later votes to approve the rule; or
(3) was suspended in committee in both houses of the
legislature, and both houses later vote to approve the rule.
(h) During the time a proposed rule is suspended under this
section, the state agency that proposed the rule may not adopt a
rule or emergency rule containing the substance of the suspended
rule.
SECTION 2. Section 2001.0321, Government Code, as added by
this Act, applies only to a proposed state agency rule to which that
section applies and 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
to which Section 2001.0321, Government Code, as added by this Act,
applies and 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 3. This Act takes effect January 1, 2022, but only
if the constitutional amendment proposed by the 87th Legislature,
Regular Session, 2021, 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.