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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the State Agency Rules Review |
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Commission and the procedures by which state agencies adopt rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 3, Government Code, is amended |
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by adding Chapter 330 to read as follows: |
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CHAPTER 330. STATE AGENCY RULES REVIEW COMMISSION |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 330.0001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the State Agency Rules Review |
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Commission. |
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(2) "Final rule" means a rule adopted by a state agency |
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that has not been approved by the commission. The term does not |
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include an emergency rule adopted under Section 2001.034. |
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(3) "Revised rule" means a final rule that has been |
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revised by the agency in response to an objection by the commission |
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to a prior version of the rule. |
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(4) "Rule" has the meaning assigned by Section |
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2001.003. |
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(5) "State agency" means a state officer, board, |
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commission, or department with statewide jurisdiction that makes |
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rules. |
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Sec. 330.0002. APPLICABILITY OF PUBLIC MEETING AND PUBLIC |
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INFORMATION LAW. The commission is subject to Chapters 551 and 552. |
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Sec. 330.0003. RULES. (a) The commission shall adopt rules |
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as necessary to carry out this chapter. |
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(b) Chapter 2001 applies to the commission. |
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Sec. 330.0004. SUNSET PROVISION. (a) The commission is |
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subject to a limited review under Chapter 325 (Texas Sunset Act) but |
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may not be abolished under that chapter. The limited review must |
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assess the commission's: |
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(1) governance; |
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(2) management; |
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(3) operating structure; and |
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(4) compliance with legislative requirements. |
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(b) The commission shall be reviewed as provided by this |
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section every 12th year after the year the commission is first |
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reviewed. |
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(c) The first review of the commission shall be completed |
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not later than December 31, 2030. This subsection expires August |
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31, 2031. |
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SUBCHAPTER B. ESTABLISHMENT AND GOVERNANCE |
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Sec. 330.0051. STATE AGENCY RULES REVIEW COMMISSION. The |
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State Agency Rules Review Commission is established as an agency of |
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the legislative branch of state government. |
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Sec. 330.0052. MEMBERSHIP. (a) The commission consists |
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of: |
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(1) four senators appointed by the lieutenant |
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governor; |
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(2) four members of the house of representatives |
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appointed by the speaker of the house of representatives; and |
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(3) three public members appointed by the governor. |
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(b) The governor, lieutenant governor, and speaker of the |
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house of representatives shall appoint a chair and two vice chairs |
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as the presiding officers of the commission. The positions of chair |
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and vice chairs must alternate every two years between the three |
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membership groups appointed by the governor, lieutenant governor, |
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and speaker of the house of representatives under Subsection (a). |
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The governor, lieutenant governor, and speaker of the house of |
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representatives shall each designate a presiding officer from their |
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appointed membership group. The chair and the vice chairs may not |
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be from the same membership group. |
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(c) A public member acts on behalf of the legislature when |
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participating on the commission in furtherance of the legislature's |
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duty to provide oversight of the process by which state agencies |
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adopt rules. |
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Sec. 330.0053. TERMS; VACANCY. (a) Members of the |
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commission serve two-year terms. |
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(b) Members appointed by the lieutenant governor and |
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speaker of the house of representatives serve terms staggered so |
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that the terms of half of the members appointed by the lieutenant |
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governor and the terms of half of the members appointed by the |
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speaker of the house of representatives expire September 1 of each |
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odd-numbered year. Members appointed by the governor serve terms |
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that expire September 1 of each odd-numbered year. |
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(c) If a vacancy occurs, the appropriate appointing |
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authority shall appoint a person to serve for the remainder of the |
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unexpired term in the same manner as the original appointment. |
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(d) If a member of the legislature appointed to the |
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commission ceases to be a member of the house of the legislature |
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from which the member was appointed, the member vacates the |
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member's place on the commission. |
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Sec. 330.0054. LIMITATION ON TERM OF SERVICE. (a) An |
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individual is not eligible for reappointment to another term or |
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part of a term on the commission: |
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(1) if the individual is a member of the legislature |
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and has served two terms on the commission; or |
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(2) if the member is a public member and has served |
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three terms on the commission. |
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(b) For purposes of this section, an individual is |
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considered to have served a term if the individual served more than |
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half of the term. |
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Sec. 330.0055. ELIGIBILITY PROVISIONS APPLICABLE TO PUBLIC |
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MEMBERS. An individual is not eligible for appointment to or |
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service on the commission as a public member if the individual or |
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the individual's spouse is: |
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(1) regulated by a state agency whose rules the |
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commission will review during the term for which the individual |
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would serve; |
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(2) employed by, participates in the management of, or |
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directly or indirectly has more than a 10 percent ownership |
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interest in a business entity or other organization regulated by a |
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state agency whose rules the commission will review during the term |
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for which the individual would serve; or |
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(3) required to register as a lobbyist under Chapter |
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305 because of the individual's activities for compensation on |
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behalf of a profession or entity related to the operation of an |
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agency whose rules are subject to review under this chapter. |
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Sec. 330.0056. REMOVAL OF PUBLIC MEMBER. (a) It is a |
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ground for removal of a public member appointed to the commission |
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that the member, for a reason provided under Section 330.0055: |
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(1) was not eligible for appointment to the commission |
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at the time of appointment; or |
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(2) is not eligible to continue to serve on the |
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commission. |
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(b) The validity of an action by the commission is not |
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affected by the fact that the action was taken when a ground for |
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removal of a public member of the commission existed. |
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Sec. 330.0057. QUORUM; ACTION BY COMMISSION. (a) Six |
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members of the commission constitute a quorum. |
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(b) A final action may not be taken or recommendation may |
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not be made by the commission unless the action or recommendation is |
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approved by a record vote of a majority of the members of the |
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commission. |
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Sec. 330.0058. EXPENSES. (a) A member of the commission is |
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entitled to reimbursement for actual and necessary expenses |
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incurred by the member in performing commission duties. |
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(b) A member of the commission who is a member of the |
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legislature is entitled to reimbursement from the appropriate fund |
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of the member's respective house. |
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(c) A public member of the commission is entitled to |
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reimbursement from money appropriated to the commission for that |
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purpose. |
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Sec. 330.0059. EXECUTIVE DIRECTOR; EMPLOYEES. (a) The |
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commission shall employ an executive director to act as the |
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executive head of the commission. |
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(b) The executive director shall employ persons necessary |
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to carry out this chapter using money appropriated to the |
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commission by the legislature for that purpose. |
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Sec. 330.0060. EMPLOYMENT OF STAFF BY MEMBER. (a) A member |
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of the commission may employ a staff to work for the member on |
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matters related to the member's service on the commission. |
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(b) Unless an appropriation is made to the commission |
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specifically for the purpose of paying staff employed by the |
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members of the commission, members are responsible for paying the |
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costs associated with the members' staff. |
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SUBCHAPTER C. REVIEW OF RULES; EFFECT OF REVIEW |
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Sec. 330.0101. REVIEW OF FINAL RULE BY COMMISSION. (a) A |
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state agency shall submit each final rule adopted by the agency to |
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the commission on the date the agency by order finally adopts the |
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rule. |
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(b) Not later than the 30th day after the date the |
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commission receives a rule from a state agency, the commission |
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shall determine whether: |
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(1) the agency that adopted the rule: |
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(A) has the authority to adopt the rule; and |
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(B) complied with Chapter 2001 when adopting the |
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rule; and |
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(2) the rule is: |
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(A) clear and unambiguous; and |
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(B) reasonably necessary to implement or |
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interpret an enactment of the legislature or a federal statute or |
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regulation. |
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(c) Not later than the fifth day after the date the |
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commission makes a determination under Subsection (b), the |
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commission shall: |
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(1) if the commission determines that the requirements |
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of Subsection (b) are satisfied: |
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(A) approve the rule; and |
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(B) notify the state agency that adopted the rule |
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and the secretary of state of the commission's approval of the rule; |
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or |
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(2) if the commission determines that the requirements |
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of Subsection (b) are not satisfied: |
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(A) return the rule to the agency; and |
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(B) provide a clear written statement of the |
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commission's determination, including an explanation of the |
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commission's objection to the rule. |
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(d) If a state agency submits to the commission a final rule |
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that is an amendment to an existing rule, the commission may |
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consider both the final rule and the rule amended by the final rule |
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when making a determination under Subsection (c). |
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(e) The commission shall make a determination required |
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under this section in an open meeting. |
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Sec. 330.0102. STATE AGENCY ACTION ON RETURNED RULE. Not |
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later than the 30th day after the date the commission returns a rule |
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to a state agency under Section 330.0101(c)(2), the agency shall: |
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(1) revise the rule to address the commission's |
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objection to the rule and submit the revised rule to the commission; |
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or |
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(2) submit a written response to the commission |
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stating that the agency declines to revise the final rule and will |
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withdraw the rule. |
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Sec. 330.0103. REVIEW OF REVISED RULE BY COMMISSION. (a) |
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Not later than the 30th day after the date a state agency submits a |
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revised rule to the commission under Section 330.0102, the |
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commission shall determine whether the revised rule: |
|
|
(1) satisfies the requirements of Section |
|
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330.0101(b); and |
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(2) is substantially different from the final rule |
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adopted by the agency before the agency revised the final rule. |
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(b) Not later than the fifth day after the date the |
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commission makes a determination under Subsection (a), the |
|
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commission shall: |
|
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(1) if the commission determines that the revised rule |
|
|
satisfies the requirements of Section 330.0101(b) and is not |
|
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substantially different from the final rule: |
|
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(A) approve the rule; and |
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(B) notify the state agency that adopted the rule |
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and the secretary of state of the commission's approval of the rule; |
|
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(2) if the commission determines that the revised rule |
|
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does not satisfy the requirements of Section 330.0101(b): |
|
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(A) return the rule to the agency for additional |
|
|
revision in the manner prescribed by Section 330.0102; and |
|
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(B) provide a clear written statement of the |
|
|
commission's determination, including an explanation of the |
|
|
commission's objection to the rule; or |
|
|
(3) if the commission determines that the revised rule |
|
|
satisfies the requirements of Section 330.0101(b) but is |
|
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substantially different from the final rule: |
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(A) return the rule to the agency for action by |
|
|
the agency under Section 330.0104; and |
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(B) provide a clear written statement of the |
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commission's determination. |
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(c) In determining whether a revised rule satisfies the |
|
|
requirements of Section 330.0101(b) under this section, the |
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commission shall make the determination based solely on whether the |
|
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revised rule addresses the commission's objections to the adopted |
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rule provided to the state agency under Section 330.0101(c)(2)(B). |
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(d) The commission shall make a determination required |
|
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under this section in an open meeting. |
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Sec. 330.0104. STATE AGENCY ACTION ON REVISED RULE THAT IS |
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SUBSTANTIALLY DIFFERENT. (a) Not later than the 30th day after the |
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date the commission notifies a state agency that a revised rule is |
|
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substantially different from a final rule under Section |
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330.0103(b)(3), the agency shall: |
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(1) readopt the revised rule as a new rule following |
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the procedures prescribed by Subchapter B, Chapter 2001, including |
|
|
the procedures contained in Sections 2001.029, 2001.030, and |
|
|
2001.031, and submit the rule to the commission for an abbreviated |
|
|
review under Section 330.0105; or |
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|
(2) withdraw the rule. |
|
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(b) This section does not prohibit a state agency from |
|
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making changes to a revised rule in response to information |
|
|
received by the agency under Sections 2001.029, 2001.030, and |
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2001.031. |
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Sec. 330.0105. COMMISSION ACTION ON REVISED RULE THAT IS |
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SUBSTANTIALLY DIFFERENT. (a) Not later than the 30th day after the |
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date the commission receives a revised rule from a state agency |
|
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under Section 330.0104(a)(1), the commission shall: |
|
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(1) if the agency changed the revised rule under |
|
|
Section 330.0104, determine whether the revised rule satisfies the |
|
|
requirements of Section 330.0101(b); or |
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|
(2) if the agency did not change the revised rule under |
|
|
Section 330.0104: |
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(A) approve the rule; and |
|
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(B) notify the state agency that adopted the rule |
|
|
and the secretary of state of the commission's approval of the rule. |
|
|
(b) Not later than the fifth day after the date the |
|
|
commission makes a determination under Subsection (a)(1), the |
|
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commission shall: |
|
|
(1) if the commission determines that the revised rule |
|
|
satisfies the requirements of Section 330.0101(b): |
|
|
(A) approve the rule; and |
|
|
(B) notify the state agency that adopted the rule |
|
|
and the secretary of state of the commission's approval of the rule; |
|
|
or |
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(2) if the commission determines that the revised rule |
|
|
does not satisfy the requirements of Section 330.0101(b): |
|
|
(A) return the rule to the agency; and |
|
|
(B) provide a clear written statement of the |
|
|
commission's determination, including an explanation of the |
|
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commission's objection to the rule. |
|
|
(c) Except as otherwise provided by this subsection, a |
|
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revised rule returned to a state agency by the commission under |
|
|
Subsection (b)(2) may not take effect or again be revised by the |
|
|
agency. If the agency is required to adopt a rule on the subject of |
|
|
the revised rule by state or federal law, the agency shall adopt a |
|
|
new rule on the subject in the manner prescribed by Chapter 2001 and |
|
|
this chapter. |
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(d) The commission shall make a determination required |
|
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under this section in an open meeting. |
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Sec. 330.0106. STATE AGENCY APPEAL OF COMMISSION |
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DETERMINATION. (a) A state agency may appeal a determination of the |
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commission under this chapter. |
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(b) An appeal under this section shall be conducted by the |
|
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State Office of Administrative Hearings. The appeal is a contested |
|
|
case under Chapter 2001. |
|
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Sec. 330.0107. EXPEDITED REVIEW PROCEDURE. The commission |
|
|
may adopt a procedure providing for the expedited review of rules a |
|
|
state agency is required to adopt by a certain date to comply with a |
|
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federal statute or regulation. |
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SUBCHAPTER D. DETERMINATION OF CERTAIN APPEALS |
|
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Sec. 330.0151. DETERMINATION OF APPEAL OF PETITION FOR |
|
|
ADOPTION OF RULES. (a) Not later than the 30th day after the date |
|
|
the commission receives an appeal under Section 2001.021(e), the |
|
|
commission shall adopt a final order determining the appeal at an |
|
|
open meeting of the commission. |
|
|
(b) A final order adopted under this section must: |
|
|
(1) grant the interested person's appeal and order the |
|
|
state agency that is the subject of the appeal to initiate a |
|
|
rulemaking proceeding under Chapter 2001 in response to the |
|
|
interested person's petition; or |
|
|
(2) deny the interested person's appeal and provide a |
|
|
clear written statement of the reasons for the commission's denial. |
|
|
SECTION 2. Subchapter F, Chapter 551, Government Code, is |
|
|
amended by adding Section 551.1284 to read as follows: |
|
|
Sec. 551.1284. STATE AGENCY RULES REVIEW COMMISSION: |
|
|
INTERNET POSTING OF MEETING MATERIALS AND BROADCAST OF OPEN |
|
|
MEETING. (a) In this section, "commission" has the meaning |
|
|
assigned by Section 330.0001. |
|
|
(b) The commission, for any regularly scheduled meeting of |
|
|
the commission for which notice is required under this chapter, |
|
|
shall: |
|
|
(1) post as early as practicable in advance of the |
|
|
meeting on the Internet website of the commission any written |
|
|
agenda and related supplemental written materials provided to the |
|
|
commission members in advance of the meeting by the commission for |
|
|
the members' use during the meeting; |
|
|
(2) broadcast the meeting, other than any portion of |
|
|
the meeting closed to the public as authorized by law, over the |
|
|
Internet in the manner prescribed by Section 551.128; and |
|
|
(3) record the broadcast and make that recording |
|
|
publicly available in an online archive located on the commission's |
|
|
Internet website. |
|
|
(c) Subsection (b)(1) does not apply to written materials |
|
|
that the general counsel or another appropriate attorney for the |
|
|
commission certifies are confidential or may be withheld from |
|
|
public disclosure under Chapter 552. |
|
|
(d) The commission is not required to comply with the |
|
|
requirements of this section if compliance is not possible because |
|
|
of an act of God, force majeure, or a similar cause not reasonably |
|
|
within the commission's control. |
|
|
(e) The commission shall maintain a publicly accessible |
|
|
Internet website for the purpose of complying with this section. |
|
|
SECTION 3. Section 2001.021, Government Code, is amended by |
|
|
adding Subsections (e) and (f) to read as follows: |
|
|
(e) If a state agency denies an interested person's petition |
|
|
under this section, the interested person may appeal the decision |
|
|
to the State Agency Rules Review Commission for determination under |
|
|
Section 330.0151. |
|
|
(f) Notwithstanding any other provision of this section, a |
|
|
state agency shall initiate a rulemaking proceeding under this |
|
|
subchapter if the State Agency Rules Review Commission adopts a |
|
|
final order requiring the agency to do so under Section 330.0151. |
|
|
SECTION 4. Section 2001.024, Government Code, is amended by |
|
|
adding Subsection (e) to read as follows: |
|
|
(e) In addition to any other information required by this |
|
|
section, the notice for a rule that is subject to review by the |
|
|
State Agency Rules Review Commission must state that the rule may |
|
|
not take effect until the commission notifies the secretary of |
|
|
state that the commission has approved the rule. |
|
|
SECTION 5. Section 2001.036, Government Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
|
follows: |
|
|
(a) A rule takes effect on the later of: |
|
|
(1) the 20th day [20 days] after the date on which the |
|
|
rule [it] is filed in the office of the secretary of state; or |
|
|
(2) the date the State Agency Rules Review Commission |
|
|
notifies the secretary of state that the commission has approved |
|
|
the rule. |
|
|
(a-1) Notwithstanding Subsection (a), a rule may take |
|
|
effect on a date other than the date prescribed by that subsection |
|
|
if [, except that]: |
|
|
(1) [if] a later date is required by statute or |
|
|
specified in the rule, in which case that [the] later date is the |
|
|
effective date of the rule; |
|
|
(2) subject to applicable constitutional or statutory |
|
|
provisions, [if] a state agency finds that an expedited effective |
|
|
date for the rule is necessary because of imminent peril to the |
|
|
public health, safety, or welfare, in which case the [and subject to |
|
|
applicable constitutional or statutory provisions, a] rule is |
|
|
effective immediately on filing with the secretary of state[,] or |
|
|
on a stated date less than 20 days after the filing date; or [and] |
|
|
(3) [if] a federal statute or regulation requires |
|
|
[that] a state agency to implement the [a] rule by a certain date, |
|
|
in which case the rule is effective on the prescribed date, provided |
|
|
that the date may not be earlier than the date prescribed by |
|
|
Subsection (a)(2). |
|
|
SECTION 6. Section 141.008(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The executive commissioner may adopt rules to implement |
|
|
this chapter. In adopting the rules the executive commissioner |
|
|
shall comply with Subchapter B, Chapter 2001, Government Code, |
|
|
including Section [Sections 2001.032(b) and] 2001.033, Government |
|
|
Code. In developing the rules to be adopted by the executive |
|
|
commissioner, the department shall consult parents, youth camp |
|
|
operators, and appropriate public and private officials and |
|
|
organizations. |
|
|
SECTION 7. Section 2001.032, Government Code, is repealed. |
|
|
SECTION 8. (a) Not later than November 1, 2025, the |
|
|
governor, lieutenant governor, and speaker of the house of |
|
|
representatives shall make their initial appointments to the State |
|
|
Agency Rules Review Commission as required by Section 330.0052(a), |
|
|
Government Code, as added by this Act. |
|
|
(b) Notwithstanding Section 330.0053, Government Code, as |
|
|
added by this Act, with respect to the initial members appointed |
|
|
under Subsection (a) of this section: |
|
|
(1) the three members appointed by the governor serve |
|
|
an initial term that begins November 1, 2025, and expires September |
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1, 2027; |
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(2) two of the four members appointed by the |
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lieutenant governor and two of the four members appointed by the |
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speaker of the house of representatives serve an initial term that |
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begins November 1, 2025, and expires September 1, 2026; and |
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(3) two of the four members appointed by the |
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lieutenant governor and two of the four members appointed by the |
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speaker of the house of representatives serve an initial term that |
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begins November 1, 2025, and expires September 1, 2027. |
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SECTION 9. The changes in law made by this Act apply to a |
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rule adopted by a state agency on or after the effective date of |
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this Act. A rule adopted before the effective date of this Act is |
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governed by the law in effect on the date the rule is adopted, and |
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the former law is continued in effect for that purpose. |
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SECTION 10. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect January 1, 2026. |
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(b) Section 8 of this Act takes effect September 1, 2025. |