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 (c) Provides that if a rule that expires under Subsection (a) amended or repealed a prior rule, the text of the prior rule is revived as the state agency's rule effective on the September 1 the unapproved rule expires, to the extent that the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.