BILL ANALYSIS


                                                         S.B. 991
                                                       By: Sibley
                                                    State Affairs
                                                         04-25-95
                                     Committee Report (Unamended)
BACKGROUND

After the legislature passes a law giving a state agency rule
making authority, the implementation of that legislation is left
entirely up to the governing state agency.  The potential is
present for a state agency to not follow the original legislative
intent.

PURPOSE

As proposed, S.B. 991 requires the legislature to approve state
agency rules which took effect during the two years preceding a
regular session.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 2001B, Government Code, by adding Section
2001.0321, as follows:

     Sec. 2001.0321.  LEGISLATIVE APPROVAL; EXPIRATION OF RULE THAT
     IS NOT APPROVED.  (a)  Provides that a state agency rule that
     takes effect during the two calendar years preceding January
     1 of the month in which a regular session of the legislature
     convenes expires on the September 1 following final
     adjournment of the regular session unless the legislature
     passes a bill during the regular session or during a
     subsequent special session that approves the rule and becomes
     law on or before September 1.
     
     (b)  Requires a state agency to send to the presiding
       officer of each house of the legislature (house) a
       preliminary report which contains the name of the agency,
       the text of the agency's rules that took effect or that have
       been adopted which are to expire on September 1, and a copy
       of the agency's orders which finally adopted those rules
       within a specified date.  Requires the agency to send to the
       presiding officer of each house a final report with the
       specified information within a specified date.
       
       (c)  Provides that if a rule that expires under Subsection
       (a) amended or repealed a prior rule, the text of the prior
       rule is revived as the state agency's rule effective on the
       September 1 the unapproved rule expires, to the extent that
       the text of the prior rule is still consistent with the
       agency's rulemaking authority under law.
       
SECTION 2. Makes application of this Act prospective beginning
January 1, 1995.

SECTION 3. Emergency clause.
           Effective date: upon passage.