Enrolled Bill Summary

            Senate Bill 382 repeals a 1997 law providing that state agency rules not adopted in conformity with certain Texas Register notice content requirements are null and void. It amends the Administrative Procedure Act to limit the reasoned justification accompanying final rule adoption to listed statutory elements, including a summary of the factual basis for the rule that demonstrates a rational connection between the adopted rule and that factual basis. The Administrative Procedure Act is not to be construed to require additional analysis of alternatives rejected by a state agency, other than a disagreement statement responding to submissions and proposals. Senate Bill 382 sets criteria for substantial compliance with the requirements for rule adoption orders and provides that a nonprejudicial technical defect is not grounds for rule invalidation. If a court finds that an agency has not substantially complied with procedural requirements relating to rule proposal and adoption, the court may remand the rule to the agency for revision or readoption. The rule remains effective in the meantime unless the court finds good cause to invalidate all or a portion of it. Other provisions of the act authorize a state agency to take administrative action or adopt certain rules preparatory to the implementation of a new law whose effectiveness is pending. The rules, however, may not take effect before the new law does.