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.