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