89R1590 CJC-F
By: Tepper H.B. No. 1259
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the State Agency Rules Review
Commission and the procedures by which state agencies adopt rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 3, Government Code, is amended
by adding Chapter 330 to read as follows:
CHAPTER 330. STATE AGENCY RULES REVIEW COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 330.0001. DEFINITIONS. In this chapter:
(1) "Commission" means the State Agency Rules Review
Commission.
(2) "Final rule" means a rule adopted by a state agency
that has not been approved by the commission. The term does not
include an emergency rule adopted under Section 2001.034.
(3) "Revised rule" means a final rule that has been
revised by the agency in response to an objection by the commission
to a prior version of the rule.
(4) "Rule" has the meaning assigned by Section
2001.003.
(5) "State agency" means a state officer, board,
commission, or department with statewide jurisdiction that makes
rules.
Sec. 330.0002. APPLICABILITY OF PUBLIC MEETING AND PUBLIC
INFORMATION LAW. The commission is subject to Chapters 551 and 552.
Sec. 330.0003. RULES. (a) The commission shall adopt rules
as necessary to carry out this chapter.
(b) Chapter 2001 applies to the commission.
Sec. 330.0004. SUNSET PROVISION. (a) The commission is
subject to a limited review under Chapter 325 (Texas Sunset Act) but
may not be abolished under that chapter. The limited review must
assess the commission's:
(1) governance;
(2) management;
(3) operating structure; and
(4) compliance with legislative requirements.
(b) The commission shall be reviewed as provided by this
section every 12th year after the year the commission is first
reviewed.
(c) The first review of the commission shall be completed
not later than December 31, 2030. This subsection expires August
31, 2031.
SUBCHAPTER B. ESTABLISHMENT AND GOVERNANCE
Sec. 330.0051. STATE AGENCY RULES REVIEW COMMISSION. The
State Agency Rules Review Commission is established as an agency of
the legislative branch of state government.
Sec. 330.0052. MEMBERSHIP. (a) The commission consists
of:
(1) four senators appointed by the lieutenant
governor;
(2) four members of the house of representatives
appointed by the speaker of the house of representatives; and
(3) three public members appointed by the governor.
(b) The governor, lieutenant governor, and speaker of the
house of representatives shall appoint a chair and two vice chairs
as the presiding officers of the commission. The positions of chair
and vice chairs must alternate every two years between the three
membership groups appointed by the governor, lieutenant governor,
and speaker of the house of representatives under Subsection (a).
The governor, lieutenant governor, and speaker of the house of
representatives shall each designate a presiding officer from their
appointed membership group. The chair and the vice chairs may not
be from the same membership group.
(c) A public member acts on behalf of the legislature when
participating on the commission in furtherance of the legislature's
duty to provide oversight of the process by which state agencies
adopt rules.
Sec. 330.0053. TERMS; VACANCY. (a) Members of the
commission serve two-year terms.
(b) Members appointed by the lieutenant governor and
speaker of the house of representatives serve terms staggered so
that the terms of half of the members appointed by the lieutenant
governor and the terms of half of the members appointed by the
speaker of the house of representatives expire September 1 of each
odd-numbered year. Members appointed by the governor serve terms
that expire September 1 of each odd-numbered year.
(c) If a vacancy occurs, the appropriate appointing
authority shall appoint a person to serve for the remainder of the
unexpired term in the same manner as the original appointment.
(d) If a member of the legislature appointed to the
commission ceases to be a member of the house of the legislature
from which the member was appointed, the member vacates the
member's place on the commission.
Sec. 330.0054. LIMITATION ON TERM OF SERVICE. (a) An
individual is not eligible for reappointment to another term or
part of a term on the commission:
(1) if the individual is a member of the legislature
and has served two terms on the commission; or
(2) if the member is a public member and has served
three terms on the commission.
(b) For purposes of this section, an individual is
considered to have served a term if the individual served more than
half of the term.
Sec. 330.0055. ELIGIBILITY PROVISIONS APPLICABLE TO PUBLIC
MEMBERS. An individual is not eligible for appointment to or
service on the commission as a public member if the individual or
the individual's spouse is:
(1) regulated by a state agency whose rules the
commission will review during the term for which the individual
would serve;
(2) employed by, participates in the management of, or
directly or indirectly has more than a 10 percent ownership
interest in a business entity or other organization regulated by a
state agency whose rules the commission will review during the term
for which the individual would serve; or
(3) required to register as a lobbyist under Chapter
305 because of the individual's activities for compensation on
behalf of a profession or entity related to the operation of an
agency whose rules are subject to review under this chapter.
Sec. 330.0056. REMOVAL OF PUBLIC MEMBER. (a) It is a
ground for removal of a public member appointed to the commission
that the member, for a reason provided under Section 330.0055:
(1) was not eligible for appointment to the commission
at the time of appointment; or
(2) is not eligible to continue to serve on the
commission.
(b) The validity of an action by the commission is not
affected by the fact that the action was taken when a ground for
removal of a public member of the commission existed.
Sec. 330.0057. QUORUM; ACTION BY COMMISSION. (a) Six
members of the commission constitute a quorum.
(b) A final action may not be taken or recommendation may
not be made by the commission unless the action or recommendation is
approved by a record vote of a majority of the members of the
commission.
Sec. 330.0058. EXPENSES. (a) A member of the commission is
entitled to reimbursement for actual and necessary expenses
incurred by the member in performing commission duties.
(b) A member of the commission who is a member of the
legislature is entitled to reimbursement from the appropriate fund
of the member's respective house.
(c) A public member of the commission is entitled to
reimbursement from money appropriated to the commission for that
purpose.
Sec. 330.0059. EXECUTIVE DIRECTOR; EMPLOYEES. (a) The
commission shall employ an executive director to act as the
executive head of the commission.
(b) The executive director shall employ persons necessary
to carry out this chapter using money appropriated to the
commission by the legislature for that purpose.
Sec. 330.0060. EMPLOYMENT OF STAFF BY MEMBER. (a) A member
of the commission may employ a staff to work for the member on
matters related to the member's service on the commission.
(b) Unless an appropriation is made to the commission
specifically for the purpose of paying staff employed by the
members of the commission, members are responsible for paying the
costs associated with the members' staff.
SUBCHAPTER C. REVIEW OF RULES; EFFECT OF REVIEW
Sec. 330.0101. REVIEW OF FINAL RULE BY COMMISSION. (a) A
state agency shall submit each final rule adopted by the agency to
the commission on the date the agency by order finally adopts the
rule.
(b) Not later than the 30th day after the date the
commission receives a rule from a state agency, the commission
shall determine whether:
(1) the agency that adopted the rule:
(A) has the authority to adopt the rule; and
(B) complied with Chapter 2001 when adopting the
rule; and
(2) the rule is:
(A) clear and unambiguous; and
(B) reasonably necessary to implement or
interpret an enactment of the legislature or a federal statute or
regulation.
(c) Not later than the fifth day after the date the
commission makes a determination under Subsection (b), the
commission shall:
(1) if the commission determines that the requirements
of Subsection (b) are satisfied:
(A) approve the rule; and
(B) notify the state agency that adopted the rule
and the secretary of state of the commission's approval of the rule;
or
(2) if the commission determines that the requirements
of Subsection (b) are not satisfied:
(A) return the rule to the agency; and
(B) provide a clear written statement of the
commission's determination, including an explanation of the
commission's objection to the rule.
(d) If a state agency submits to the commission a final rule
that is an amendment to an existing rule, the commission may
consider both the final rule and the rule amended by the final rule
when making a determination under Subsection (c).
(e) The commission shall make a determination required
under this section in an open meeting.
Sec. 330.0102. STATE AGENCY ACTION ON RETURNED RULE. Not
later than the 30th day after the date the commission returns a rule
to a state agency under Section 330.0101(c)(2), the agency shall:
(1) revise the rule to address the commission's
objection to the rule and submit the revised rule to the commission;
or
(2) submit a written response to the commission
stating that the agency declines to revise the final rule and will
withdraw the rule.
Sec. 330.0103. REVIEW OF REVISED RULE BY COMMISSION. (a)
Not later than the 30th day after the date a state agency submits a
revised rule to the commission under Section 330.0102, the
commission shall determine whether the revised rule:
(1) satisfies the requirements of Section
330.0101(b); and
(2) is substantially different from the final rule
adopted by the agency before the agency revised the final rule.
(b) Not later than the fifth day after the date the
commission makes a determination under Subsection (a), the
commission shall:
(1) if the commission determines that the revised rule
satisfies the requirements of Section 330.0101(b) and is not
substantially different from the final rule:
(A) approve the rule; and
(B) notify the state agency that adopted the rule
and the secretary of state of the commission's approval of the rule;
(2) if the commission determines that the revised rule
does not satisfy the requirements of Section 330.0101(b):
(A) return the rule to the agency for additional
revision in the manner prescribed by Section 330.0102; and
(B) provide a clear written statement of the
commission's determination, including an explanation of the
commission's objection to the rule; or
(3) if the commission determines that the revised rule
satisfies the requirements of Section 330.0101(b) but is
substantially different from the final rule:
(A) return the rule to the agency for action by
the agency under Section 330.0104; and
(B) provide a clear written statement of the
commission's determination.
(c) In determining whether a revised rule satisfies the
requirements of Section 330.0101(b) under this section, the
commission shall make the determination based solely on whether the
revised rule addresses the commission's objections to the adopted
rule provided to the state agency under Section 330.0101(c)(2)(B).
(d) The commission shall make a determination required
under this section in an open meeting.
Sec. 330.0104. STATE AGENCY ACTION ON REVISED RULE THAT IS
SUBSTANTIALLY DIFFERENT. (a) Not later than the 30th day after the
date the commission notifies a state agency that a revised rule is
substantially different from a final rule under Section
330.0103(b)(3), the agency shall:
(1) readopt the revised rule as a new rule following
the procedures prescribed by Subchapter B, Chapter 2001, including
the procedures contained in Sections 2001.029, 2001.030, and
2001.031, and submit the rule to the commission for an abbreviated
review under Section 330.0105; or
(2) withdraw the rule.
(b) This section does not prohibit a state agency from
making changes to a revised rule in response to information
received by the agency under Sections 2001.029, 2001.030, and
2001.031.
Sec. 330.0105. COMMISSION ACTION ON REVISED RULE THAT IS
SUBSTANTIALLY DIFFERENT. (a) Not later than the 30th day after the
date the commission receives a revised rule from a state agency
under Section 330.0104(a)(1), the commission shall:
(1) if the agency changed the revised rule under
Section 330.0104, determine whether the revised rule satisfies the
requirements of Section 330.0101(b); or
(2) if the agency did not change the revised rule under
Section 330.0104:
(A) approve the rule; and
(B) notify the state agency that adopted the rule
and the secretary of state of the commission's approval of the rule.
(b) Not later than the fifth day after the date the
commission makes a determination under Subsection (a)(1), the
commission shall:
(1) if the commission determines that the revised rule
satisfies the requirements of Section 330.0101(b):
(A) approve the rule; and
(B) notify the state agency that adopted the rule
and the secretary of state of the commission's approval of the rule;
or
(2) if the commission determines that the revised rule
does not satisfy the requirements of Section 330.0101(b):
(A) return the rule to the agency; and
(B) provide a clear written statement of the
commission's determination, including an explanation of the
commission's objection to the rule.
(c) Except as otherwise provided by this subsection, a
revised rule returned to a state agency by the commission under
Subsection (b)(2) may not take effect or again be revised by the
agency. If the agency is required to adopt a rule on the subject of
the revised rule by state or federal law, the agency shall adopt a
new rule on the subject in the manner prescribed by Chapter 2001 and
this chapter.
(d) The commission shall make a determination required
under this section in an open meeting.
Sec. 330.0106. STATE AGENCY APPEAL OF COMMISSION
DETERMINATION. (a) A state agency may appeal a determination of the
commission under this chapter.
(b) An appeal under this section shall be conducted by the
State Office of Administrative Hearings. The appeal is a contested
case under Chapter 2001.
Sec. 330.0107. EXPEDITED REVIEW PROCEDURE. The commission
may adopt a procedure providing for the expedited review of rules a
state agency is required to adopt by a certain date to comply with a
federal statute or regulation.
SUBCHAPTER D. DETERMINATION OF CERTAIN APPEALS
Sec. 330.0151. DETERMINATION OF APPEAL OF PETITION FOR
ADOPTION OF RULES. (a) Not later than the 30th day after the date
the commission receives an appeal under Section 2001.021(e), the
commission shall adopt a final order determining the appeal at an
open meeting of the commission.
(b) A final order adopted under this section must:
(1) grant the interested person's appeal and order the
state agency that is the subject of the appeal to initiate a
rulemaking proceeding under Chapter 2001 in response to the
interested person's petition; or
(2) deny the interested person's appeal and provide a
clear written statement of the reasons for the commission's denial.
SECTION 2. Subchapter F, Chapter 551, Government Code, is
amended by adding Section 551.1284 to read as follows:
Sec. 551.1284. STATE AGENCY RULES REVIEW COMMISSION:
INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN
MEETING. (a) In this section, "commission" has the meaning
assigned by Section 330.0001.
(b) The commission, for any regularly scheduled meeting of
the commission for which notice is required under this chapter,
shall:
(1) post as early as practicable in advance of the
meeting on the Internet website of the commission any written
agenda and related supplemental written materials provided to the
commission members in advance of the meeting by the commission for
the members' use during the meeting;
(2) broadcast the meeting, other than any portion of
the meeting closed to the public as authorized by law, over the
Internet in the manner prescribed by Section 551.128; and
(3) record the broadcast and make that recording
publicly available in an online archive located on the commission's
Internet website.
(c) Subsection (b)(1) does not apply to written materials
that the general counsel or another appropriate attorney for the
commission certifies are confidential or may be withheld from
public disclosure under Chapter 552.
(d) The commission is not required to comply with the
requirements of this section if compliance is not possible because
of an act of God, force majeure, or a similar cause not reasonably
within the commission's control.
(e) The commission shall maintain a publicly accessible
Internet website for the purpose of complying with this section.
SECTION 3. Section 2001.021, Government Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) If a state agency denies an interested person's petition
under this section, the interested person may appeal the decision
to the State Agency Rules Review Commission for determination under
Section 330.0151.
(f) Notwithstanding any other provision of this section, a
state agency shall initiate a rulemaking proceeding under this
subchapter if the State Agency Rules Review Commission adopts a
final order requiring the agency to do so under Section 330.0151.
SECTION 4. Section 2001.024, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) In addition to any other information required by this
section, the notice for a rule that is subject to review by the
State Agency Rules Review Commission must state that the rule may
not take effect until the commission notifies the secretary of
state that the commission has approved the rule.
SECTION 5. Section 2001.036, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A rule takes effect on the later of:
(1) the 20th day [20 days] after the date on which the
rule [it] is filed in the office of the secretary of state; or
(2) the date the State Agency Rules Review Commission
notifies the secretary of state that the commission has approved
the rule.
(a-1) Notwithstanding Subsection (a), a rule may take
effect on a date other than the date prescribed by that subsection
if [, except that]:
(1) [if] a later date is required by statute or
specified in the rule, in which case that [the] later date is the
effective date of the rule;
(2) subject to applicable constitutional or statutory
provisions, [if] a state agency finds that an expedited effective
date for the rule is necessary because of imminent peril to the
public health, safety, or welfare, in which case the [and subject to
applicable constitutional or statutory provisions, a] rule is
effective immediately on filing with the secretary of state[,] or
on a stated date less than 20 days after the filing date; or [and]
(3) [if] a federal statute or regulation requires
[that] a state agency to implement the [a] rule by a certain date,
in which case the rule is effective on the prescribed date, provided
that the date may not be earlier than the date prescribed by
Subsection (a)(2).
SECTION 6. Section 141.008(a), Health and Safety Code, is
amended to read as follows:
(a) The executive commissioner may adopt rules to implement
this chapter. In adopting the rules the executive commissioner
shall comply with Subchapter B, Chapter 2001, Government Code,
including Section [Sections 2001.032(b) and] 2001.033, Government
Code. In developing the rules to be adopted by the executive
commissioner, the department shall consult parents, youth camp
operators, and appropriate public and private officials and
organizations.
SECTION 7. Section 2001.032, Government Code, is repealed.
SECTION 8. (a) Not later than November 1, 2025, the
governor, lieutenant governor, and speaker of the house of
representatives shall make their initial appointments to the State
Agency Rules Review Commission as required by Section 330.0052(a),
Government Code, as added by this Act.
(b) Notwithstanding Section 330.0053, Government Code, as
added by this Act, with respect to the initial members appointed
under Subsection (a) of this section:
(1) the three members appointed by the governor serve
an initial term that begins November 1, 2025, and expires September
1, 2027;
(2) two of the four members appointed by the
lieutenant governor and two of the four members appointed by the
speaker of the house of representatives serve an initial term that
begins November 1, 2025, and expires September 1, 2026; and
(3) two of the four members appointed by the
lieutenant governor and two of the four members appointed by the
speaker of the house of representatives serve an initial term that
begins November 1, 2025, and expires September 1, 2027.
SECTION 9. The changes in law made by this Act apply to a
rule adopted by a state agency on or after the effective date of
this Act. A rule adopted before the effective date of this Act is
governed by the law in effect on the date the rule is adopted, and
the former law is continued in effect for that purpose.
SECTION 10. (a) Except as provided by Subsection (b) of
this section, this Act takes effect January 1, 2026.
(b) Section 8 of this Act takes effect September 1, 2025.