| 1 | 1 | | 89R10086 CS-F |
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| 2 | 2 | | By: Hall S.B. No. 1479 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the duration of and process for adopting and renewing |
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| 10 | 10 | | state agency emergency rules. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 2001.034, Government Code, is amended by |
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| 13 | 13 | | amending Subsections (a) and (c) and adding Subsection (c-1) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (a) A state agency may adopt an emergency rule only during a |
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| 16 | 16 | | period in which a state of emergency declaration or state of |
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| 17 | 17 | | disaster declaration issued by the governor is in effect. An |
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| 18 | 18 | | emergency rule may be adopted without prior notice or hearing, or |
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| 19 | 19 | | with an abbreviated notice and a hearing that the agency [it] finds |
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| 20 | 20 | | practicable, provided that [if] the agency must: |
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| 21 | 21 | | (1) find [finds] that an imminent peril to the public |
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| 22 | 22 | | health, safety, or welfare, or a requirement of state or federal |
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| 23 | 23 | | law, requires adoption of a rule on fewer than 30 days' notice; |
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| 24 | 24 | | [and] |
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| 25 | 25 | | (2) state [states] in writing the reasons for its |
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| 26 | 26 | | finding under Subdivision (1); and |
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| 27 | 27 | | (3) inform the governor of the agency's intent to adopt |
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| 28 | 28 | | the rule. |
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| 29 | 29 | | (c) A rule adopted under this section may be effective for |
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| 30 | 30 | | not longer than 60 [120] days and, subject to Subsection (c-1), may |
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| 31 | 31 | | be renewed once for not longer than 30 [60] days. An identical rule |
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| 32 | 32 | | may be adopted under Sections 2001.023 and 2001.029. |
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| 33 | 33 | | (c-1) A state agency may not renew a rule adopted under this |
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| 34 | 34 | | section without first holding a public hearing with a public |
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| 35 | 35 | | comment period. |
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| 36 | 36 | | SECTION 2. The changes in law made by this Act apply only to |
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| 37 | 37 | | a state agency emergency rule proposed on or after the effective |
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| 38 | 38 | | date of this Act. An emergency rule proposed before that date is |
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| 39 | 39 | | governed by the law in effect on the date the rule was proposed, and |
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| 40 | 40 | | the former law is continued in effect for that purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2025. |
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