Texas 2025 - 89th Regular

Texas House Bill HB1259 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1590 CJC-F
2	2	By: Tepper H.B. No. 1259
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment of the State Agency Rules Review
10	10	Commission and the procedures by which state agencies adopt rules.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 3, Government Code, is amended
13	13	by adding Chapter 330 to read as follows:
14	14	CHAPTER 330. STATE AGENCY RULES REVIEW COMMISSION
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 330.0001. DEFINITIONS. In this chapter:
17	17	(1) "Commission" means the State Agency Rules Review
18	18	Commission.
19	19	(2) "Final rule" means a rule adopted by a state agency
20	20	that has not been approved by the commission. The term does not
21	21	include an emergency rule adopted under Section 2001.034.
22	22	(3) "Revised rule" means a final rule that has been
23	23	revised by the agency in response to an objection by the commission
24	24	to a prior version of the rule.
25	25	(4) "Rule" has the meaning assigned by Section
26	26	2001.003.
27	27	(5) "State agency" means a state officer, board,
28	28	commission, or department with statewide jurisdiction that makes
29	29	rules.
30	30	Sec. 330.0002. APPLICABILITY OF PUBLIC MEETING AND PUBLIC
31	31	INFORMATION LAW. The commission is subject to Chapters 551 and 552.
32	32	Sec. 330.0003. RULES. (a) The commission shall adopt rules
33	33	as necessary to carry out this chapter.
34	34	(b) Chapter 2001 applies to the commission.
35	35	Sec. 330.0004. SUNSET PROVISION. (a) The commission is
36	36	subject to a limited review under Chapter 325 (Texas Sunset Act) but
37	37	may not be abolished under that chapter. The limited review must
38	38	assess the commission's:
39	39	(1) governance;
40	40	(2) management;
41	41	(3) operating structure; and
42	42	(4) compliance with legislative requirements.
43	43	(b) The commission shall be reviewed as provided by this
44	44	section every 12th year after the year the commission is first
45	45	reviewed.
46	46	(c) The first review of the commission shall be completed
47	47	not later than December 31, 2030. This subsection expires August
48	48	31, 2031.
49	49	SUBCHAPTER B. ESTABLISHMENT AND GOVERNANCE
50	50	Sec. 330.0051. STATE AGENCY RULES REVIEW COMMISSION. The
51	51	State Agency Rules Review Commission is established as an agency of
52	52	the legislative branch of state government.
53	53	Sec. 330.0052. MEMBERSHIP. (a) The commission consists
54	54	of:
55	55	(1) four senators appointed by the lieutenant
56	56	governor;
57	57	(2) four members of the house of representatives
58	58	appointed by the speaker of the house of representatives; and
59	59	(3) three public members appointed by the governor.
60	60	(b) The governor, lieutenant governor, and speaker of the
61	61	house of representatives shall appoint a chair and two vice chairs
62	62	as the presiding officers of the commission. The positions of chair
63	63	and vice chairs must alternate every two years between the three
64	64	membership groups appointed by the governor, lieutenant governor,
65	65	and speaker of the house of representatives under Subsection (a).
66	66	The governor, lieutenant governor, and speaker of the house of
67	67	representatives shall each designate a presiding officer from their
68	68	appointed membership group. The chair and the vice chairs may not
69	69	be from the same membership group.
70	70	(c) A public member acts on behalf of the legislature when
71	71	participating on the commission in furtherance of the legislature's
72	72	duty to provide oversight of the process by which state agencies
73	73	adopt rules.
74	74	Sec. 330.0053. TERMS; VACANCY. (a) Members of the
75	75	commission serve two-year terms.
76	76	(b) Members appointed by the lieutenant governor and
77	77	speaker of the house of representatives serve terms staggered so
78	78	that the terms of half of the members appointed by the lieutenant
79	79	governor and the terms of half of the members appointed by the
80	80	speaker of the house of representatives expire September 1 of each
81	81	odd-numbered year. Members appointed by the governor serve terms
82	82	that expire September 1 of each odd-numbered year.
83	83	(c) If a vacancy occurs, the appropriate appointing
84	84	authority shall appoint a person to serve for the remainder of the
85	85	unexpired term in the same manner as the original appointment.
86	86	(d) If a member of the legislature appointed to the
87	87	commission ceases to be a member of the house of the legislature
88	88	from which the member was appointed, the member vacates the
89	89	member's place on the commission.
90	90	Sec. 330.0054. LIMITATION ON TERM OF SERVICE. (a) An
91	91	individual is not eligible for reappointment to another term or
92	92	part of a term on the commission:
93	93	(1) if the individual is a member of the legislature
94	94	and has served two terms on the commission; or
95	95	(2) if the member is a public member and has served
96	96	three terms on the commission.
97	97	(b) For purposes of this section, an individual is
98	98	considered to have served a term if the individual served more than
99	99	half of the term.
100	100	Sec. 330.0055. ELIGIBILITY PROVISIONS APPLICABLE TO PUBLIC
101	101	MEMBERS. An individual is not eligible for appointment to or
102	102	service on the commission as a public member if the individual or
103	103	the individual's spouse is:
104	104	(1) regulated by a state agency whose rules the
105	105	commission will review during the term for which the individual
106	106	would serve;
107	107	(2) employed by, participates in the management of, or
108	108	directly or indirectly has more than a 10 percent ownership
109	109	interest in a business entity or other organization regulated by a
110	110	state agency whose rules the commission will review during the term
111	111	for which the individual would serve; or
112	112	(3) required to register as a lobbyist under Chapter
113	113	305 because of the individual's activities for compensation on
114	114	behalf of a profession or entity related to the operation of an
115	115	agency whose rules are subject to review under this chapter.
116	116	Sec. 330.0056. REMOVAL OF PUBLIC MEMBER. (a) It is a
117	117	ground for removal of a public member appointed to the commission
118	118	that the member, for a reason provided under Section 330.0055:
119	119	(1) was not eligible for appointment to the commission
120	120	at the time of appointment; or
121	121	(2) is not eligible to continue to serve on the
122	122	commission.
123	123	(b) The validity of an action by the commission is not
124	124	affected by the fact that the action was taken when a ground for
125	125	removal of a public member of the commission existed.
126	126	Sec. 330.0057. QUORUM; ACTION BY COMMISSION. (a) Six
127	127	members of the commission constitute a quorum.
128	128	(b) A final action may not be taken or recommendation may
129	129	not be made by the commission unless the action or recommendation is
130	130	approved by a record vote of a majority of the members of the
131	131	commission.
132	132	Sec. 330.0058. EXPENSES. (a) A member of the commission is
133	133	entitled to reimbursement for actual and necessary expenses
134	134	incurred by the member in performing commission duties.
135	135	(b) A member of the commission who is a member of the
136	136	legislature is entitled to reimbursement from the appropriate fund
137	137	of the member's respective house.
138	138	(c) A public member of the commission is entitled to
139	139	reimbursement from money appropriated to the commission for that
140	140	purpose.
141	141	Sec. 330.0059. EXECUTIVE DIRECTOR; EMPLOYEES. (a) The
142	142	commission shall employ an executive director to act as the
143	143	executive head of the commission.
144	144	(b) The executive director shall employ persons necessary
145	145	to carry out this chapter using money appropriated to the
146	146	commission by the legislature for that purpose.
147	147	Sec. 330.0060. EMPLOYMENT OF STAFF BY MEMBER. (a) A member
148	148	of the commission may employ a staff to work for the member on
149	149	matters related to the member's service on the commission.
150	150	(b) Unless an appropriation is made to the commission
151	151	specifically for the purpose of paying staff employed by the
152	152	members of the commission, members are responsible for paying the
153	153	costs associated with the members' staff.
154	154	SUBCHAPTER C. REVIEW OF RULES; EFFECT OF REVIEW
155	155	Sec. 330.0101. REVIEW OF FINAL RULE BY COMMISSION. (a) A
156	156	state agency shall submit each final rule adopted by the agency to
157	157	the commission on the date the agency by order finally adopts the
158	158	rule.
159	159	(b) Not later than the 30th day after the date the
160	160	commission receives a rule from a state agency, the commission
161	161	shall determine whether:
162	162	(1) the agency that adopted the rule:
163	163	(A) has the authority to adopt the rule; and
164	164	(B) complied with Chapter 2001 when adopting the
165	165	rule; and
166	166	(2) the rule is:
167	167	(A) clear and unambiguous; and
168	168	(B) reasonably necessary to implement or
169	169	interpret an enactment of the legislature or a federal statute or
170	170	regulation.
171	171	(c) Not later than the fifth day after the date the
172	172	commission makes a determination under Subsection (b), the
173	173	commission shall:
174	174	(1) if the commission determines that the requirements
175	175	of Subsection (b) are satisfied:
176	176	(A) approve the rule; and
177	177	(B) notify the state agency that adopted the rule
178	178	and the secretary of state of the commission's approval of the rule;
179	179	or
180	180	(2) if the commission determines that the requirements
181	181	of Subsection (b) are not satisfied:
182	182	(A) return the rule to the agency; and
183	183	(B) provide a clear written statement of the
184	184	commission's determination, including an explanation of the
185	185	commission's objection to the rule.
186	186	(d) If a state agency submits to the commission a final rule
187	187	that is an amendment to an existing rule, the commission may
188	188	consider both the final rule and the rule amended by the final rule
189	189	when making a determination under Subsection (c).
190	190	(e) The commission shall make a determination required
191	191	under this section in an open meeting.
192	192	Sec. 330.0102. STATE AGENCY ACTION ON RETURNED RULE. Not
193	193	later than the 30th day after the date the commission returns a rule
194	194	to a state agency under Section 330.0101(c)(2), the agency shall:
195	195	(1) revise the rule to address the commission's
196	196	objection to the rule and submit the revised rule to the commission;
197	197	or
198	198	(2) submit a written response to the commission
199	199	stating that the agency declines to revise the final rule and will
200	200	withdraw the rule.
201	201	Sec. 330.0103. REVIEW OF REVISED RULE BY COMMISSION. (a)
202	202	Not later than the 30th day after the date a state agency submits a
203	203	revised rule to the commission under Section 330.0102, the
204	204	commission shall determine whether the revised rule:
205	205	(1) satisfies the requirements of Section
206	206	330.0101(b); and
207	207	(2) is substantially different from the final rule
208	208	adopted by the agency before the agency revised the final rule.
209	209	(b) Not later than the fifth day after the date the
210	210	commission makes a determination under Subsection (a), the
211	211	commission shall:
212	212	(1) if the commission determines that the revised rule
213	213	satisfies the requirements of Section 330.0101(b) and is not
214	214	substantially different from the final rule:
215	215	(A) approve the rule; and
216	216	(B) notify the state agency that adopted the rule
217	217	and the secretary of state of the commission's approval of the rule;
218	218	(2) if the commission determines that the revised rule
219	219	does not satisfy the requirements of Section 330.0101(b):
220	220	(A) return the rule to the agency for additional
221	221	revision in the manner prescribed by Section 330.0102; and
222	222	(B) provide a clear written statement of the
223	223	commission's determination, including an explanation of the
224	224	commission's objection to the rule; or
225	225	(3) if the commission determines that the revised rule
226	226	satisfies the requirements of Section 330.0101(b) but is
227	227	substantially different from the final rule:
228	228	(A) return the rule to the agency for action by
229	229	the agency under Section 330.0104; and
230	230	(B) provide a clear written statement of the
231	231	commission's determination.
232	232	(c) In determining whether a revised rule satisfies the
233	233	requirements of Section 330.0101(b) under this section, the
234	234	commission shall make the determination based solely on whether the
235	235	revised rule addresses the commission's objections to the adopted
236	236	rule provided to the state agency under Section 330.0101(c)(2)(B).
237	237	(d) The commission shall make a determination required
238	238	under this section in an open meeting.
239	239	Sec. 330.0104. STATE AGENCY ACTION ON REVISED RULE THAT IS
240	240	SUBSTANTIALLY DIFFERENT. (a) Not later than the 30th day after the
241	241	date the commission notifies a state agency that a revised rule is
242	242	substantially different from a final rule under Section
243	243	330.0103(b)(3), the agency shall:
244	244	(1) readopt the revised rule as a new rule following
245	245	the procedures prescribed by Subchapter B, Chapter 2001, including
246	246	the procedures contained in Sections 2001.029, 2001.030, and
247	247	2001.031, and submit the rule to the commission for an abbreviated
248	248	review under Section 330.0105; or
249	249	(2) withdraw the rule.
250	250	(b) This section does not prohibit a state agency from
251	251	making changes to a revised rule in response to information
252	252	received by the agency under Sections 2001.029, 2001.030, and
253	253	2001.031.
254	254	Sec. 330.0105. COMMISSION ACTION ON REVISED RULE THAT IS
255	255	SUBSTANTIALLY DIFFERENT. (a) Not later than the 30th day after the
256	256	date the commission receives a revised rule from a state agency
257	257	under Section 330.0104(a)(1), the commission shall:
258	258	(1) if the agency changed the revised rule under
259	259	Section 330.0104, determine whether the revised rule satisfies the
260	260	requirements of Section 330.0101(b); or
261	261	(2) if the agency did not change the revised rule under
262	262	Section 330.0104:
263	263	(A) approve the rule; and
264	264	(B) notify the state agency that adopted the rule
265	265	and the secretary of state of the commission's approval of the rule.
266	266	(b) Not later than the fifth day after the date the
267	267	commission makes a determination under Subsection (a)(1), the
268	268	commission shall:
269	269	(1) if the commission determines that the revised rule
270	270	satisfies the requirements of Section 330.0101(b):
271	271	(A) approve the rule; and
272	272	(B) notify the state agency that adopted the rule
273	273	and the secretary of state of the commission's approval of the rule;
274	274	or
275	275	(2) if the commission determines that the revised rule
276	276	does not satisfy the requirements of Section 330.0101(b):
277	277	(A) return the rule to the agency; and
278	278	(B) provide a clear written statement of the
279	279	commission's determination, including an explanation of the
280	280	commission's objection to the rule.
281	281	(c) Except as otherwise provided by this subsection, a
282	282	revised rule returned to a state agency by the commission under
283	283	Subsection (b)(2) may not take effect or again be revised by the
284	284	agency. If the agency is required to adopt a rule on the subject of
285	285	the revised rule by state or federal law, the agency shall adopt a
286	286	new rule on the subject in the manner prescribed by Chapter 2001 and
287	287	this chapter.
288	288	(d) The commission shall make a determination required
289	289	under this section in an open meeting.
290	290	Sec. 330.0106. STATE AGENCY APPEAL OF COMMISSION
291	291	DETERMINATION. (a) A state agency may appeal a determination of the
292	292	commission under this chapter.
293	293	(b) An appeal under this section shall be conducted by the
294	294	State Office of Administrative Hearings. The appeal is a contested
295	295	case under Chapter 2001.
296	296	Sec. 330.0107. EXPEDITED REVIEW PROCEDURE. The commission
297	297	may adopt a procedure providing for the expedited review of rules a
298	298	state agency is required to adopt by a certain date to comply with a
299	299	federal statute or regulation.
300	300	SUBCHAPTER D. DETERMINATION OF CERTAIN APPEALS
301	301	Sec. 330.0151. DETERMINATION OF APPEAL OF PETITION FOR
302	302	ADOPTION OF RULES. (a) Not later than the 30th day after the date
303	303	the commission receives an appeal under Section 2001.021(e), the
304	304	commission shall adopt a final order determining the appeal at an
305	305	open meeting of the commission.
306	306	(b) A final order adopted under this section must:
307	307	(1) grant the interested person's appeal and order the
308	308	state agency that is the subject of the appeal to initiate a
309	309	rulemaking proceeding under Chapter 2001 in response to the
310	310	interested person's petition; or
311	311	(2) deny the interested person's appeal and provide a
312	312	clear written statement of the reasons for the commission's denial.
313	313	SECTION 2. Subchapter F, Chapter 551, Government Code, is
314	314	amended by adding Section 551.1284 to read as follows:
315	315	Sec. 551.1284. STATE AGENCY RULES REVIEW COMMISSION:
316	316	INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN
317	317	MEETING. (a) In this section, "commission" has the meaning
318	318	assigned by Section 330.0001.
319	319	(b) The commission, for any regularly scheduled meeting of
320	320	the commission for which notice is required under this chapter,
321	321	shall:
322	322	(1) post as early as practicable in advance of the
323	323	meeting on the Internet website of the commission any written
324	324	agenda and related supplemental written materials provided to the
325	325	commission members in advance of the meeting by the commission for
326	326	the members' use during the meeting;
327	327	(2) broadcast the meeting, other than any portion of
328	328	the meeting closed to the public as authorized by law, over the
329	329	Internet in the manner prescribed by Section 551.128; and
330	330	(3) record the broadcast and make that recording
331	331	publicly available in an online archive located on the commission's
332	332	Internet website.
333	333	(c) Subsection (b)(1) does not apply to written materials
334	334	that the general counsel or another appropriate attorney for the
335	335	commission certifies are confidential or may be withheld from
336	336	public disclosure under Chapter 552.
337	337	(d) The commission is not required to comply with the
338	338	requirements of this section if compliance is not possible because
339	339	of an act of God, force majeure, or a similar cause not reasonably
340	340	within the commission's control.
341	341	(e) The commission shall maintain a publicly accessible
342	342	Internet website for the purpose of complying with this section.
343	343	SECTION 3. Section 2001.021, Government Code, is amended by
344	344	adding Subsections (e) and (f) to read as follows:
345	345	(e) If a state agency denies an interested person's petition
346	346	under this section, the interested person may appeal the decision
347	347	to the State Agency Rules Review Commission for determination under
348	348	Section 330.0151.
349	349	(f) Notwithstanding any other provision of this section, a
350	350	state agency shall initiate a rulemaking proceeding under this
351	351	subchapter if the State Agency Rules Review Commission adopts a
352	352	final order requiring the agency to do so under Section 330.0151.
353	353	SECTION 4. Section 2001.024, Government Code, is amended by
354	354	adding Subsection (e) to read as follows:
355	355	(e) In addition to any other information required by this
356	356	section, the notice for a rule that is subject to review by the
357	357	State Agency Rules Review Commission must state that the rule may
358	358	not take effect until the commission notifies the secretary of
359	359	state that the commission has approved the rule.
360	360	SECTION 5. Section 2001.036, Government Code, is amended by
361	361	amending Subsection (a) and adding Subsection (a-1) to read as
362	362	follows:
363	363	(a) A rule takes effect on the later of:
364	364	(1) the 20th day [20 days] after the date on which the
365	365	rule [it] is filed in the office of the secretary of state; or
366	366	(2) the date the State Agency Rules Review Commission
367	367	notifies the secretary of state that the commission has approved
368	368	the rule.
369	369	(a-1) Notwithstanding Subsection (a), a rule may take
370	370	effect on a date other than the date prescribed by that subsection
371	371	if [, except that]:
372	372	(1) [if] a later date is required by statute or
373	373	specified in the rule, in which case that [the] later date is the
374	374	effective date of the rule;
375	375	(2) subject to applicable constitutional or statutory
376	376	provisions, [if] a state agency finds that an expedited effective
377	377	date for the rule is necessary because of imminent peril to the
378	378	public health, safety, or welfare, in which case the [and subject to
379	379	applicable constitutional or statutory provisions, a] rule is
380	380	effective immediately on filing with the secretary of state[,] or
381	381	on a stated date less than 20 days after the filing date; or [and]
382	382	(3) [if] a federal statute or regulation requires
383	383	[that] a state agency to implement the [a] rule by a certain date,
384	384	in which case the rule is effective on the prescribed date, provided
385	385	that the date may not be earlier than the date prescribed by
386	386	Subsection (a)(2).
387	387	SECTION 6. Section 141.008(a), Health and Safety Code, is
388	388	amended to read as follows:
389	389	(a) The executive commissioner may adopt rules to implement
390	390	this chapter. In adopting the rules the executive commissioner
391	391	shall comply with Subchapter B, Chapter 2001, Government Code,
392	392	including Section [Sections 2001.032(b) and] 2001.033, Government
393	393	Code. In developing the rules to be adopted by the executive
394	394	commissioner, the department shall consult parents, youth camp
395	395	operators, and appropriate public and private officials and
396	396	organizations.
397	397	SECTION 7. Section 2001.032, Government Code, is repealed.
398	398	SECTION 8. (a) Not later than November 1, 2025, the
399	399	governor, lieutenant governor, and speaker of the house of
400	400	representatives shall make their initial appointments to the State
401	401	Agency Rules Review Commission as required by Section 330.0052(a),
402	402	Government Code, as added by this Act.
403	403	(b) Notwithstanding Section 330.0053, Government Code, as
404	404	added by this Act, with respect to the initial members appointed
405	405	under Subsection (a) of this section:
406	406	(1) the three members appointed by the governor serve
407	407	an initial term that begins November 1, 2025, and expires September
408	408	1, 2027;
409	409	(2) two of the four members appointed by the
410	410	lieutenant governor and two of the four members appointed by the
411	411	speaker of the house of representatives serve an initial term that
412	412	begins November 1, 2025, and expires September 1, 2026; and
413	413	(3) two of the four members appointed by the
414	414	lieutenant governor and two of the four members appointed by the
415	415	speaker of the house of representatives serve an initial term that
416	416	begins November 1, 2025, and expires September 1, 2027.
417	417	SECTION 9. The changes in law made by this Act apply to a
418	418	rule adopted by a state agency on or after the effective date of
419	419	this Act. A rule adopted before the effective date of this Act is
420	420	governed by the law in effect on the date the rule is adopted, and
421	421	the former law is continued in effect for that purpose.
422	422	SECTION 10. (a) Except as provided by Subsection (b) of
423	423	this section, this Act takes effect January 1, 2026.
424	424	(b) Section 8 of this Act takes effect September 1, 2025.