1-1 By: Hochberg (Senate Sponsor - Rosson) H.B. No. 158
1-2 (In the Senate - Received from the House May 12, 1993;
1-3 May 13, 1993, read first time and referred to Committee on State
1-4 Affairs; May 20, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; May 20, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR H.B. No. 158 By: Rosson
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the adoption of certain emergency rules under the
1-26 Administrative Procedure and Texas Register Act.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Section 5(d), Administrative Procedure and Texas
1-29 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), is
1-30 amended to read as follows:
1-31 (d) If an agency finds that an imminent peril to the public
1-32 health, safety, or welfare or a requirement of state or federal law
1-33 requires adoption of a rule on fewer than 30 days' notice and
1-34 states in writing its reasons for that finding, it may proceed
1-35 without prior notice or hearing or on any abbreviated notice and
1-36 hearing that it finds practicable to adopt an emergency rule. The
1-37 agency must set forth the requisite finding in the preamble to the
1-38 rule. The rule may be effective for a period of not longer than
1-39 120 days renewable once for a period not exceeding 60 days, but the
1-40 adoption of an identical rule under Subsections (a) and (c) of this
1-41 section is not precluded. An emergency rule adopted under <the
1-42 provisions of> this subsection, and the agency's written reasons
1-43 for the adoption, shall be filed in the office of the secretary of
1-44 state for publication in the Texas Register. In this subsection,
1-45 "requirement of state law" means a state statute that specifically
1-46 refers to this subsection and expressly requires an agency to adopt
1-47 an emergency rule.
1-48 SECTION 2. This Act takes effect January 1, 1994.
1-49 SECTION 3. The importance of this legislation and the
1-50 crowded condition of the calendars in both houses create an
1-51 emergency and an imperative public necessity that the
1-52 constitutional rule requiring bills to be read on three several
1-53 days in each house be suspended, and this rule is hereby suspended.
1-54 * * * * *
1-55 Austin,
1-56 Texas
1-57 May 20, 1993
1-58 Hon. Bob Bullock
1-59 President of the Senate
1-60 Sir:
1-61 We, your Committee on State Affairs to which was referred H.B. No.
1-62 158, have had the same under consideration, and I am instructed to
1-63 report it back to the Senate with the recommendation that it do not
1-64 pass, but that the Committee Substitute adopted in lieu thereof do
1-65 pass and be printed.
1-66 Harris of
1-67 Dallas, Chairman
1-68 * * * * *
2-1 WITNESSES
2-2 No witnesses appeared on H.B. No. 158.