88R4252 CJC-D
By: Harrison H.B. No. 1948
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that certain rules proposed by state
agencies in the executive branch of state government be approved by
certain elected state officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2001.024, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) This subsection applies only to a rule proposed by a
state agency in the executive branch of state government. In
addition to any other requirement under this section, the notice of
a proposed rule to which this subsection applies must include a
certification that the rule has been reviewed and approved by the
governor or, if the state agency providing notice of the proposed
rule is governed by one or more elected state officers, an elected
state officer of that agency. The certification must be signed by
the governor or an elected state officer of the agency, as
applicable.
SECTION 2. Section 2001.034, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) This subsection applies only to an emergency rule
proposed under this section by a state agency in the executive
branch of state government. Not later than the 10th day after the
date a state agency adopts an emergency rule to which this
subsection applies, the agency must submit the rule for approval by
the governor or, if the agency submitting the rule for approval is
governed by one or more elected state officers, an elected state
officer of that agency. Notwithstanding Subsection (c) of this
section, if the governor or an elected state officer of the agency,
as applicable, does not approve the emergency rule, the emergency
rule may not be renewed by the agency and a rule that is
substantially the same as the disapproved emergency rule may not be
adopted by the agency under Sections 2001.023 and 2001.029.
SECTION 3. The changes in law made by this Act apply only to
a state agency rule proposed on or after the effective date of this
Act. A rule proposed before that date is governed by the law in
effect on the date the rule was proposed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.