| 1 | 1 | | 88R4252 CJC-D |
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| 2 | 2 | | By: Harrison H.B. No. 1948 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a requirement that certain rules proposed by state |
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| 8 | 8 | | agencies in the executive branch of state government be approved by |
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| 9 | 9 | | certain elected state officials. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 2001.024, Government Code, is amended by |
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| 12 | 12 | | adding Subsection (d) to read as follows: |
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| 13 | 13 | | (d) This subsection applies only to a rule proposed by a |
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| 14 | 14 | | state agency in the executive branch of state government. In |
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| 15 | 15 | | addition to any other requirement under this section, the notice of |
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| 16 | 16 | | a proposed rule to which this subsection applies must include a |
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| 17 | 17 | | certification that the rule has been reviewed and approved by the |
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| 18 | 18 | | governor or, if the state agency providing notice of the proposed |
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| 19 | 19 | | rule is governed by one or more elected state officers, an elected |
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| 20 | 20 | | state officer of that agency. The certification must be signed by |
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| 21 | 21 | | the governor or an elected state officer of the agency, as |
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| 22 | 22 | | applicable. |
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| 23 | 23 | | SECTION 2. Section 2001.034, Government Code, is amended by |
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| 24 | 24 | | adding Subsection (e) to read as follows: |
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| 25 | 25 | | (e) This subsection applies only to an emergency rule |
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| 26 | 26 | | proposed under this section by a state agency in the executive |
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| 27 | 27 | | branch of state government. Not later than the 10th day after the |
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| 28 | 28 | | date a state agency adopts an emergency rule to which this |
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| 29 | 29 | | subsection applies, the agency must submit the rule for approval by |
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| 30 | 30 | | the governor or, if the agency submitting the rule for approval is |
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| 31 | 31 | | governed by one or more elected state officers, an elected state |
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| 32 | 32 | | officer of that agency. Notwithstanding Subsection (c) of this |
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| 33 | 33 | | section, if the governor or an elected state officer of the agency, |
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| 34 | 34 | | as applicable, does not approve the emergency rule, the emergency |
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| 35 | 35 | | rule may not be renewed by the agency and a rule that is |
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| 36 | 36 | | substantially the same as the disapproved emergency rule may not be |
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| 37 | 37 | | adopted by the agency under Sections 2001.023 and 2001.029. |
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| 38 | 38 | | SECTION 3. The changes in law made by this Act apply only to |
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| 39 | 39 | | a state agency rule proposed on or after the effective date of this |
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| 40 | 40 | | Act. A rule proposed before that date is governed by the law in |
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| 41 | 41 | | effect on the date the rule was proposed, and the former law is |
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| 42 | 42 | | continued in effect for that purpose. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2023. |
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