By: Rabuck H.B. No. 1914
73R5337 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to legislative review of certain rules of state agencies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The Administrative Procedure and Texas Register
1-5 Act (Article 6252-13a, Vernon's Texas Civil Statutes) is amended by
1-6 adding Section 5A to read as follows:
1-7 Sec. 5A. LEGISLATIVE REVIEW OF PROPOSED RULES. (a) An
1-8 agency shall file, on the same day that it files notice with the
1-9 secretary of state as required by Section 5(a) of this Act, a copy
1-10 of each proposed rule other than an emergency rule with the officer
1-11 or employee with whom bills are filed in each house of the
1-12 legislature. After filing, proposed rules shall be referred to
1-13 standing committees in the same manner as bills are referred,
1-14 unless a house by rule provides for another manner of referral of
1-15 agency rules. Each proposed rule shall be referred to a standing
1-16 committee before the eighth day after the date the rule is filed
1-17 with the appropriate officer or employee of a house.
1-18 (b) Each standing committee of the legislature may review
1-19 any proposed rule referred to it. Any member of the legislature
1-20 may request in writing that a committee to which a proposed rule
1-21 has been referred consider the rule at a committee meeting. A
1-22 committee shall consider any rule that is the subject of a written
1-23 request at a committee meeting held before the end of the calendar
1-24 quarter following the quarter in which the request is made. If a
2-1 written request of a member relating to a proposed rule is not
2-2 filed with the committee on or before the 30th day after the date
2-3 the rule is referred to the committee, the committee and the house
2-4 of which the committee is a part may not suspend the rule under
2-5 this section.
2-6 (c) After consideration at a committee meeting, a committee
2-7 may suspend a proposed rule by a majority vote of the membership of
2-8 the committee. If a committee suspends a rule, the committee shall
2-9 notify the agency that proposed the rule of the suspension. Not
2-10 later than the third day after the date of committee action, the
2-11 committee shall also file notice of the committee action with the
2-12 secretary of state for publication in the Texas Register. An
2-13 agency shall notify any appropriate persons on its mailing lists of
2-14 the suspension of a rule of the agency.
2-15 (d) If a committee suspends a rule when the legislature is
2-16 in session, the chairman of the committee shall give written notice
2-17 of the suspension to each member of the house of the legislature of
2-18 which the committee is a part not later than the fifth day after
2-19 the action is taken. Not later than the 35th day after the date of
2-20 the committee's action, members of that house may file written
2-21 objections to the committee's action with the presiding officer of
2-22 that house. If at least 16 senators, in the case of action by a
2-23 senate committee, or 76 members of the house, in the case of action
2-24 by a house committee, file timely objections, the suspension
2-25 terminates as provided by Subsection (h) of this section. If the
2-26 required number of members of a house do not file timely
2-27 objections, the committee's suspension remains in effect.
3-1 (e) If a committee suspends a rule when the legislature is
3-2 not in session, the chairman of the committee shall give written
3-3 notice of the suspension to the secretary of state not later than
3-4 the fifth day after the date on which the action is taken. During
3-5 the first 10 days of the next regular legislative session, the
3-6 secretary of state shall give written notice of the committee's
3-7 action to the members of the appropriate house. Not later than the
3-8 30th day of the session, the members of that house may file written
3-9 objections to the committee's action with the presiding officer of
3-10 that house. If at least 16 senators, in the case of action by a
3-11 senate committee, or 76 members of the house, in the case of action
3-12 by a house committee, file timely objections, the suspension
3-13 terminates as provided by Subsection (h) of this section. If the
3-14 required number of members of a house do not file timely
3-15 objections, the committee's suspension remains in effect.
3-16 (f) The presiding officer of the appropriate house shall
3-17 file notice with the secretary of state for publication in the
3-18 Texas Register of the termination of a suspension under Subsection
3-19 (d) or (e) of this section or of the expiration of the period for
3-20 filing objections to a suspension under Subsection (d) or (e). The
3-21 presiding officer shall file the notice not later than the third
3-22 day after the termination of the suspension or the expiration of
3-23 the objection period, as applicable.
3-24 (g) During the time that a rule is suspended under this
3-25 section, the agency that proposed the rule may not adopt a rule
3-26 containing the substance of the suspended rule.
3-27 (h) A suspension issued under this subsection takes effect
4-1 on the eighth day after publication of notice of the suspension in
4-2 the Texas Register, unless the committee provides a later date in
4-3 its notice. The termination of a suspension takes effect on the
4-4 eighth day after publication of notice of the termination of the
4-5 suspension, unless the agency that adopted the rule by notice
4-6 published in the Texas Register provides a later date.
4-7 SECTION 2. Section 5(g), Administrative Procedure and Texas
4-8 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), is
4-9 repealed.
4-10 SECTION 3. This Act takes effect January 1, 1994, but only
4-11 if the constitutional amendment proposed by the 73rd Legislature,
4-12 Regular Session, 1993, to provide for legislative review of state
4-13 agency rules, is approved by the voters. If that proposed
4-14 constitutional amendment is not approved by the voters, this Act
4-15 has no effect.
4-16 SECTION 4. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.