BILL ANALYSIS



S.B. 1296
By: Cain (Uher)
May 11, 1995
Committee Report (Unamended)


BACKGROUND

Governmental entities required to publish notice of proposed rules
in the Texas Register do not always include each of the items
currently required by the Administrative Procedure Act, Government
Code, Chapter 2001.

PURPOSE

As proposed, S.B. 1296 sets forth regulations for notice of a
proposed rule requirement in the Administrative Procedure Act.

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 Section 2001.025, Government Code, to provide
that notice of the proposed rule requirement in the Administrative
Procedure Act becomes effective as notice only when each item
required to be included by Section 2001.024 is published in the
Texas Register, with an exception.

SECTION 2. Amends Section 2001.035(a), Government Code, to provide
that a rule proposed and adopted after September 1, 1995, is not
adopted in substantial compliance with Sections 2001.024 and
2001.025 if its notice does not include each item required to be
included.

SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE ACTION

SB 1296 was considered by the committee in a public hearing on May
9, 1995.  The Chair laid out SB 1296.  The Chair left SB 1296
pending.  SB 1296 was considered by the committee in a formal
meeting on May 10, 1995.  The bill was reported favorably without
amendment with the recommendation that it do pass and be printed,
and be sent to the Committee on Local and Consent Calendars, by a
record vote of 12 ayes, 0 nay, 0 pnv, and 3 absent.