Texas 2025 - 89th Regular

Texas Senate Bill SB1474 Compare Versions

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

Old	New	Differences
1	1	89R6377 CS-D
2	2	By: Hall S.B. No. 1474
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedure by which state agencies adopt rules,
10	10	including legislative approval of certain rules proposed or adopted
11	11	by state agencies.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 2001.027, Government Code, is amended to
14	14	read as follows:
15	15	Sec. 2001.027. WITHDRAWAL OF PROPOSED RULE; EFFECT OF
16	16	REPEATED WITHDRAWAL. (a) A proposed rule is withdrawn six months
17	17	after the date of publication of notice of the proposed rule in the
18	18	Texas Register if a state agency has failed by that time to adopt,
19	19	adopt as amended, or withdraw the proposed rule.
20	20	(b) If a rule proposed by a state agency is withdrawn on at
21	21	least two occasions under Subsection (a) because the agency has
22	22	failed to adopt, adopt as amended, or withdraw the proposed rule,
23	23	the agency may not propose a rule that is substantially similar to
24	24	the withdrawn rule unless the proposed rule is approved by a
25	25	majority vote of both houses of the legislature.
26	26	SECTION 2. The heading to Section 2001.029, Government
27	27	Code, is amended to read as follows:
28	28	Sec. 2001.029. PUBLIC COMMENT; EFFECT ON DURATION OF
29	29	CERTAIN RULES.
30	30	SECTION 3. Section 2001.029, Government Code, is amended by
31	31	adding Subsection (d) to read as follows:
32	32	(d) This subsection applies only to a rule adopted by a
33	33	state agency for which at least 52 percent of the written and oral
34	34	submissions concerning the rule received by the agency under
35	35	Subsection (c) express disapproval of the rule. A rule to which
36	36	this subsection applies that takes effect during the two calendar
37	37	years preceding January 1 of the month in which a regular session of
38	38	the legislature convenes expires on September 1 following final
39	39	adjournment of that regular session unless the rule is approved by a
40	40	majority vote of both houses of the legislature during the regular
41	41	session.
42	42	SECTION 4. Subchapter B, Chapter 2001, Government Code, is
43	43	amended by adding Section 2001.0321 to read as follows:
44	44	Sec. 2001.0321. LEGISLATIVE APPROVAL OF CERTAIN STATE
45	45	AGENCY RULES REQUIRED. (a) This section applies to each rule
46	46	proposed and each emergency rule adopted by a state agency, other
47	47	than an emergency rule that:
48	48	(1) is adopted under Section 2001.034; and
49	49	(2) will be in effect for 90 days or less.
50	50	(b) A state agency shall file a copy of each proposed or
51	51	emergency rule with the officer or employee with whom bills are
52	52	filed in each house of the legislature. The agency shall file the
53	53	proposed rule on the same day the agency files notice of the rule
54	54	with the secretary of state as required under Section 2001.023 or,
55	55	if the rule is adopted under Section 2001.034, on the date the
56	56	agency files the emergency rule with the secretary of state under
57	57	Section 2001.034(d). After filing, the rule shall be referred to a
58	58	standing committee in the same manner as bills are referred, unless
59	59	a house by rule provides for another manner of referral of agency
60	60	rules. Each rule must be referred to a standing committee before
61	61	the 10th day after the date the rule is filed with the appropriate
62	62	officer or employee of each house.
63	63	(c) Not later than the 30th day after the date a proposed or
64	64	emergency rule is referred to a committee, the committee shall
65	65	consider the rule at a committee meeting where public testimony is
66	66	accepted and vote on the rule. A rule is approved by the unanimous
67	67	vote of the committee's full membership. If the committee does not
68	68	approve a rule by unanimous vote of the committee's full
69	69	membership, the rule is suspended. If a rule is suspended in
70	70	committee, the committee shall, not later than the third day after
71	71	the date the rule is suspended:
72	72	(1) notify the state agency that proposed or adopted
73	73	the rule of the suspension; and
74	74	(2) file notice of the suspension with the secretary
75	75	of state for publication in the Texas Register.
76	76	(d) If a proposed or emergency rule is suspended in
77	77	committee when the legislature is in session, the chair of the
78	78	committee shall give written notice of the suspension to the
79	79	presiding officer of the appropriate house not later than the fifth
80	80	day after the date the rule is suspended. Not later than the 35th
81	81	day after the date the rule is suspended in committee, the members
82	82	of that house shall vote on the rule. If a majority of members of
83	83	that house vote to approve the rule, the rule is approved and the
84	84	committee's suspension terminates. If a majority of members of
85	85	that house do not vote to approve the rule, the committee's
86	86	suspension remains in effect.
87	87	(e) If a proposed or emergency rule is suspended in
88	88	committee when the legislature is not in session, the secretary of
89	89	state shall give written notice of the suspension to the presiding
90	90	officer of the appropriate house during the first 10 days of the
91	91	next regular legislative session. Not later than the 30th day after
92	92	the date the notice is given, the members of that house shall vote
93	93	on the rule. If a majority of members of that house vote to approve
94	94	the rule, the rule is approved and the committee's suspension
95	95	terminates. If a majority of members of that house do not vote to
96	96	approve the rule, the committee's suspension remains in effect.
97	97	(f) Not later than the third day after the date a suspension
98	98	is terminated under Subsection (d) or (e), the presiding officer of
99	99	the appropriate house shall:
100	100	(1) notify the state agency that proposed or adopted
101	101	the rule of the suspension's termination; and
102	102	(2) file notice of the termination with the secretary
103	103	of state for publication in the Texas Register.
104	104	(g) A state agency may adopt a proposed rule or continue an
105	105	emergency rule in effect only if the rule:
106	106	(1) is approved by both committees to which it is
107	107	referred as provided by Subsection (c);
108	108	(2) was suspended in committee in only one house of the
109	109	legislature, and that house later votes to approve the rule; or
110	110	(3) was suspended in committee in both houses of the
111	111	legislature, and both houses later vote to approve the rule.
112	112	(h) During the time a proposed or emergency rule is
113	113	suspended under this section, the state agency that proposed or
114	114	adopted the rule may not adopt a rule or emergency rule containing
115	115	the substance of the suspended rule.
116	116	SECTION 5. Section 2001.032, Government Code, is repealed.
117	117	SECTION 6. The changes in law made by this Act apply only to
118	118	a rule proposed by a state agency for which notice is first
119	119	published under Section 2001.023, Government Code, on or after the
120	120	effective date of this Act. A rule for which notice is first
121	121	published under Section 2001.023, Government Code, before the
122	122	effective date of this Act is governed by the law in effect on the
123	123	date the notice was published, and the former law is continued in
124	124	effect for that purpose.
125	125	SECTION 7. This Act takes effect January 1, 2026, but only
126	126	if the constitutional amendment proposed by the 89th Legislature,
127	127	Regular Session, 2025, authorizing the legislature to provide for
128	128	legislative review or approval of state agency rules is approved by
129	129	the voters. If that proposed constitutional amendment is not
130	130	approved by the voters, this Act has no effect.