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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the legislature |
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to provide for legislative review or approval of certain state |
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agency rules adopted in response to a threat to public health, |
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safety, or welfare. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article II, Texas Constitution, is amended by |
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adding Section 2 to read as follows: |
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Sec. 2. (a) The legislature by general law may provide for |
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legislative review or approval of a rule that is adopted by an |
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agency in the executive department: |
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(1) without prior notice or hearing, or after an |
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abbreviated period for notice and hearing; and |
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(2) in response to a threat of imminent peril to public |
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health, safety, or welfare. |
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(b) A general law enacted under this section may: |
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(1) prescribe procedures regarding the renewal of a |
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rule by a state agency; and |
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(2) delegate powers to either legislative house, |
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including committees in those houses. |
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(c) A general law enacted under this section may not |
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authorize a person who is not an elected member of the legislature |
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to participate in the review or approval of rules adopted by |
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agencies in the executive department. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 2, 2021. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment authorizing the |
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legislature to provide for legislative review or approval of |
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certain state agency rules adopted in response to a threat to public |
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health, safety, or welfare." |