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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that certain rules proposed by state |
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agencies in the executive branch of state government be approved by |
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certain elected state officials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.024, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) This subsection applies only to a rule proposed by a |
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state agency in the executive branch of state government. In |
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addition to any other requirement under this section, the notice of |
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a proposed rule to which this subsection applies must include a |
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certification that the rule has been reviewed and approved by the |
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governor or, if the state agency providing notice of the proposed |
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rule is governed by one or more elected state officers, an elected |
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state officer of that agency. The certification must be signed by |
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the governor or an elected state officer of the agency, as |
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applicable. |
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SECTION 2. Section 2001.034, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This subsection applies only to an emergency rule |
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proposed under this section by a state agency in the executive |
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branch of state government. Not later than the 10th day after the |
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date a state agency adopts an emergency rule to which this |
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subsection applies, the agency must submit the rule for approval by |
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the governor or, if the agency submitting the rule for approval is |
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governed by one or more elected state officers, an elected state |
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officer of that agency. Notwithstanding Subsection (c) of this |
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section, if the governor or an elected state officer of the agency, |
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as applicable, does not approve the emergency rule, the emergency |
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rule may not be renewed by the agency and a rule that is |
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substantially the same as the disapproved emergency rule may not be |
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adopted by the agency under Sections 2001.023 and 2001.029. |
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SECTION 3. The changes in law made by this Act apply only to |
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a state agency rule proposed on or after the effective date of this |
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Act. A rule proposed before that date is governed by the law in |
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effect on the date the rule was proposed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |