89R6377 CS-D
By: Hall S.B. No. 1474
A BILL TO BE ENTITLED
AN ACT
relating to the procedure by which state agencies adopt rules,
including legislative approval of certain rules proposed or adopted
by state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2001.027, Government Code, is amended to
read as follows:
Sec. 2001.027. WITHDRAWAL OF PROPOSED RULE; EFFECT OF
REPEATED WITHDRAWAL. (a) A proposed rule is withdrawn six months
after the date of publication of notice of the proposed rule in the
Texas Register if a state agency has failed by that time to adopt,
adopt as amended, or withdraw the proposed rule.
(b) If a rule proposed by a state agency is withdrawn on at
least two occasions under Subsection (a) because the agency has
failed to adopt, adopt as amended, or withdraw the proposed rule,
the agency may not propose a rule that is substantially similar to
the withdrawn rule unless the proposed rule is approved by a
majority vote of both houses of the legislature.
SECTION 2. The heading to Section 2001.029, Government
Code, is amended to read as follows:
Sec. 2001.029. PUBLIC COMMENT; EFFECT ON DURATION OF
CERTAIN RULES.
SECTION 3. Section 2001.029, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) This subsection applies only to a rule adopted by a
state agency for which at least 52 percent of the written and oral
submissions concerning the rule received by the agency under
Subsection (c) express disapproval of the rule. A rule to which
this subsection applies that takes effect during the two calendar
years preceding January 1 of the month in which a regular session of
the legislature convenes expires on September 1 following final
adjournment of that regular session unless the rule is approved by a
majority vote of both houses of the legislature during the regular
session.
SECTION 4. Subchapter B, Chapter 2001, Government Code, is
amended by adding Section 2001.0321 to read as follows:
Sec. 2001.0321. LEGISLATIVE APPROVAL OF CERTAIN STATE
AGENCY RULES REQUIRED. (a) This section applies to each rule
proposed and each emergency rule adopted by a state agency, other
than an emergency rule that:
(1) is adopted under Section 2001.034; and
(2) will be in effect for 90 days or less.
(b) A state agency shall file a copy of each proposed or
emergency rule with the officer or employee with whom bills are
filed in each house of the legislature. The agency shall file the
proposed rule on the same day the agency files notice of the rule
with the secretary of state as required under Section 2001.023 or,
if the rule is adopted under Section 2001.034, on the date the
agency files the emergency rule with the secretary of state under
Section 2001.034(d). After filing, the rule shall be referred to a
standing committee in the same manner as bills are referred, unless
a house by rule provides for another manner of referral of agency
rules. Each rule must be referred to a standing committee before
the 10th day after the date the rule is filed with the appropriate
officer or employee of each house.
(c) Not later than the 30th day after the date a proposed or
emergency rule is referred to a committee, the committee shall
consider the rule at a committee meeting where public testimony is
accepted and vote on the rule. A rule is approved by the unanimous
vote of the committee's full membership. If the committee does not
approve a rule by unanimous vote of the committee's full
membership, the rule is suspended. If a rule is suspended in
committee, the committee shall, not later than the third day after
the date the rule is suspended:
(1) notify the state agency that proposed or adopted
the rule of the suspension; and
(2) file notice of the suspension with the secretary
of state for publication in the Texas Register.
(d) If a proposed or emergency rule is suspended in
committee when the legislature is in session, the chair of the
committee shall give written notice of the suspension to the
presiding officer of the appropriate house not later than the fifth
day after the date the rule is suspended. Not later than the 35th
day after the date the rule is suspended in committee, the members
of that house shall vote on the rule. If a majority of members of
that house vote to approve the rule, the rule is approved and the
committee's suspension terminates. If a majority of members of
that house do not vote to approve the rule, the committee's
suspension remains in effect.
(e) If a proposed or emergency rule is suspended in
committee when the legislature is not in session, the secretary of
state shall give written notice of the suspension to the presiding
officer of the appropriate house during the first 10 days of the
next regular legislative session. Not later than the 30th day after
the date the notice is given, the members of that house shall vote
on the rule. If a majority of members of that house vote to approve
the rule, the rule is approved and the committee's suspension
terminates. If a majority of members of that house do not vote to
approve the rule, the committee's suspension remains in effect.
(f) Not later than the third day after the date a suspension
is terminated under Subsection (d) or (e), the presiding officer of
the appropriate house shall:
(1) notify the state agency that proposed or adopted
the rule of the suspension's termination; and
(2) file notice of the termination with the secretary
of state for publication in the Texas Register.
(g) A state agency may adopt a proposed rule or continue an
emergency rule in effect only if the rule:
(1) is approved by both committees to which it is
referred as provided by Subsection (c);
(2) was suspended in committee in only one house of the
legislature, and that house later votes to approve the rule; or
(3) was suspended in committee in both houses of the
legislature, and both houses later vote to approve the rule.
(h) During the time a proposed or emergency rule is
suspended under this section, the state agency that proposed or
adopted the rule may not adopt a rule or emergency rule containing
the substance of the suspended rule.
SECTION 5. Section 2001.032, Government Code, is repealed.
SECTION 6. The changes in law made by this Act apply only to
a rule proposed by a state agency for which notice is first
published under Section 2001.023, Government Code, on or after the
effective date of this Act. A rule for which notice is first
published under Section 2001.023, Government Code, before the
effective date of this Act is governed by the law in effect on the
date the notice was published, and the former law is continued in
effect for that purpose.
SECTION 7. This Act takes effect January 1, 2026, but only
if the constitutional amendment proposed by the 89th Legislature,
Regular Session, 2025, authorizing the legislature to provide for
legislative review or approval of state agency rules is approved by
the voters. If that proposed constitutional amendment is not
approved by the voters, this Act has no effect.