By Jones of Lubbock, Madden                            H.B. No. 521
       74R353 JRD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring legislative approval of state agency rules
    1-3  that took effect during the two years preceding a regular session.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 2001, Government Code, is
    1-6  amended by adding Section 2001.0321 to read as follows:
    1-7        Sec. 2001.0321.  LEGISLATIVE APPROVAL; EXPIRATION OF RULE
    1-8  THAT IS NOT APPROVED.  (a)  A state agency rule that takes effect
    1-9  during the two calendar years preceding January 1 of the month in
   1-10  which a regular session of the legislature convenes expires on the
   1-11  September 1 following final adjournment of the regular session
   1-12  unless the legislature passes a bill during the regular session or
   1-13  during a subsequent special session that:
   1-14              (1)  approves the rule; and
   1-15              (2)  becomes law on or before that September 1.
   1-16        (b)  A state agency shall send to the presiding officer of
   1-17  each house of the legislature not later than November 1 of each
   1-18  even-numbered year a preliminary report that contains the name of
   1-19  the agency, the text of each of the agency's rules that took effect
   1-20  or that have been adopted that are subject to expire on September 1
   1-21  under Subsection (a), and a copy of the agency's orders that
   1-22  finally adopted those rules.  The agency shall send to the
   1-23  presiding officer of each house of the legislature not later than
   1-24  the first Monday after the date the legislature convenes in regular
    2-1  session a final report that contains the name of the agency, the
    2-2  text of each of the agency's rules that are subject to expire on
    2-3  September 1 under Subsection (a), and a copy of the agency's orders
    2-4  that finally adopted those rules.
    2-5        (c)  If a rule that expires under Subsection (a) amended or
    2-6  repealed a prior rule, the text of the prior rule is revived as the
    2-7  state agency's rule effective on the September 1 the unapproved
    2-8  rule expires, to the extent that the text of the prior rule is
    2-9  still consistent with the agency's rulemaking authority under law.
   2-10        SECTION 2.  This Act applies only to a state agency rule that
   2-11  takes effect on or after January 1, 1995.
   2-12        SECTION 3.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended,
   2-17  and that this Act take effect and be in force from and after its
   2-18  passage, and it is so enacted.