| 1 | 1 | | 87R11409 CJC-D |
|---|
| 2 | 2 | | By: Landgraf H.J.R. No. 153 |
|---|
| 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 certain state |
|---|
| 8 | 8 | | agency rules adopted in response to a threat to public health, |
|---|
| 9 | 9 | | safety, or welfare. |
|---|
| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Article II, Texas Constitution, is amended by |
|---|
| 12 | 12 | | adding Section 2 to read as follows: |
|---|
| 13 | 13 | | Sec. 2. (a) The legislature by general law may provide for |
|---|
| 14 | 14 | | legislative review or approval of a rule that is adopted by an |
|---|
| 15 | 15 | | agency in the executive department: |
|---|
| 16 | 16 | | (1) without prior notice or hearing, or after an |
|---|
| 17 | 17 | | abbreviated period for notice and hearing; and |
|---|
| 18 | 18 | | (2) in response to a threat of imminent peril to public |
|---|
| 19 | 19 | | health, safety, or welfare. |
|---|
| 20 | 20 | | (b) A general law enacted under this section may: |
|---|
| 21 | 21 | | (1) prescribe procedures regarding the renewal of a |
|---|
| 22 | 22 | | rule by a state agency; and |
|---|
| 23 | 23 | | (2) delegate powers to either legislative house, |
|---|
| 24 | 24 | | including committees in those houses. |
|---|
| 25 | 25 | | (c) A general law enacted under this section may not |
|---|
| 26 | 26 | | authorize a person who is not an elected member of the legislature |
|---|
| 27 | 27 | | to participate in the review or approval of rules adopted by |
|---|
| 28 | 28 | | agencies in the executive department. |
|---|
| 29 | 29 | | SECTION 2. This proposed constitutional amendment shall be |
|---|
| 30 | 30 | | submitted to the voters at an election to be held November 2, 2021. |
|---|
| 31 | 31 | | The ballot shall be printed to permit voting for or against the |
|---|
| 32 | 32 | | proposition: "The constitutional amendment authorizing the |
|---|
| 33 | 33 | | legislature to provide for legislative review or approval of |
|---|
| 34 | 34 | | certain state agency rules adopted in response to a threat to public |
|---|
| 35 | 35 | | health, safety, or welfare." |
|---|