By Turner of Coleman, Rabuck, Saunders, H.B. No. 723
Jones of Lubbock, Swinford
Substitute the following for H.B. No. 723:
By Turner of Harris C.S.H.B. No. 723
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to legislative review and gubernatorial suspension of
1-3 certain rules of state agencies.
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. INDEPENDENT REVIEW OF RULES: SUSPENSION OF
1-8 RULE BY GOVERNOR. (a) The chair of any standing committee of
1-9 either house may petition the presiding officer of that house to
1-10 initiate an independent review by the appropriate standing
1-11 committee of that house of a rule proposed or adopted by a state
1-12 agency. Within ten days after receiving the petition, the
1-13 presiding officer shall notify the petitioning chair as to whether
1-14 the review will be conducted.
1-15 (b) A standing committee may review any proposed or adopted
1-16 rule referred to it, provided that the rule has not been in effect
1-17 more than 180 days at the time of the submission of the petition
1-18 which requests the review. The committee may hold a public hearing
1-19 or a meeting on the rule or proposed rule. In reviewing a rule or
1-20 proposed rule, the committee shall consider:
1-21 (1) whether the rule is authorized by law and is
1-22 consistent with the intent and scope of the authorizing law; and
1-23 (2) whether the rule complies with all other
1-24 applicable law; and
2-1 (3) whether the rule can be justified when compared to
2-2 available alternatives that would satisfy the legislative intent of
2-3 the authorizing law and requirements of other applicable law on the
2-4 basis of:
2-5 (A) cost to the state and to persons affected by
2-6 the rule; and
2-7 (B) the burdensomeness of the rule to the public
2-8 or to persons affected by the rule.
2-9 (c) A committee by majority vote of the membership of the
2-10 committee may recommend to the presiding officer of the appropriate
2-11 house that the presiding officer request the governor to suspend
2-12 the rule or proposed rule.
2-13 (d) The committee may meet by telephone conference call to
2-14 consider a rule or proposed rule under this section. The notice of
2-15 the meeting must specify as the location of the meeting at least
2-16 one location at which facilities must be provided to make the
2-17 meeting audible to the public. The meeting shall be tape-recorded
2-18 and the tape recordings shall be made available to the public.
2-19 (e) As an alternative to holding a meeting on the question,
2-20 the chairman of the committee may notify the members of the
2-21 committee that a rule or proposed rule has been referred to the
2-22 committee and provide each member with a ballot to permit voting
2-23 for, voting against, or participating and not voting on whether the
2-24 committee shall recommend that the presiding officer request the
2-25 governor to suspend the rule or proposed rule. The chairman shall
2-26 give each member an opportunity to vote or participate by mail or
2-27 by facsimile transmission of a marked ballot.
3-1 (f) If the committee recommends that the presiding officer
3-2 request the governor to suspend the rule or proposed rule, the
3-3 chairman, not later than the 10th day after the date the
3-4 recommendation is made, shall give written notice of its
3-5 recommendation to:
3-6 (1) the presiding officer of the appropriate
3-7 house; and
3-8 (2) the state agency that adopted or proposed
3-9 the rule.
3-10 (g) If a committee recommends that the presiding officer
3-11 request the governor to suspend a rule or proposed rule, the
3-12 chairman of the committee shall give written notice of the
3-13 committee recommendation to each member of the house of the
3-14 legislature of which the committee is a part not later than the
3-15 10th day after the action is taken. Not later than the 10th day
3-16 after the date of the committee action, a member of that house may
3-17 file a written objection to or statement of support for the
3-18 committee's action with the presiding officer of that house.
3-19 (h) Not later than the 10th day after the date the presiding
3-20 officer receives notice that a committee has recommended that the
3-21 presiding officer request the governor to suspend a rule or
3-22 proposed rule, the presiding officer may request the governor to do
3-23 so. In making a decision under this subsection, the presiding
3-24 officer shall consider any objections or statements of support
3-25 filed by members of the house under Subsection (g). If the
3-26 presiding officer requests the governor to suspend the rule or
3-27 proposed rule, the presiding officer shall give written notice of
4-1 the request to:
4-2 (1) the governor;
4-3 (2) the state agency that adopted or proposed the
4-4 rule;
4-5 (3) the secretary of state; and
4-6 (4) the presiding officer of the other house of the
4-7 legislature.
4-8 (i) The governor, on the request of the presiding officer of
4-9 either house of the legislature under this section by proclamation
4-10 may suspend a rule, other than an emergency rule, adopted or
4-11 proposed by a state agency. The governor shall consider the items
4-12 listed in Subsection (b) and shall state in the proclamation the
4-13 grounds for suspension of the rule or proposed rule. The governor
4-14 must state in the proclamation the date on which the suspension
4-15 takes effect. The effective date may not be earlier than the 30th
4-16 day after the date of the proclamation. Not later than the fifth
4-17 day after the date of the proclamation, the governor shall:
4-18 (1) deliver a certified copy of the proclamation to
4-19 the state agency that adopted or proposed the rule; and
4-20 (2) file notice of the proclamation with the secretary
4-21 of state for publication in the Texas Register.
4-22 (j) When a rule or proposed rule is suspended under this
4-23 section, the state agency that adopted or proposed the rule may not
4-24 adopt a rule containing the substance of the suspended rule, before
4-25 the second anniversary of the date the suspension takes effect,
4-26 unless the governor by proclamation consents to adoption of the
4-27 rule. On or after the third anniversary, the state agency may
5-1 adopt the same rule or a rule containing the substance of the
5-2 suspended rule as provided by this subchapter.
5-3 SECTION 2. Subchapter B, Chapter 2001, Government Code, is
5-4 amended by adding Section 2001.0322 to read as follows:
5-5 Sec. 2001.032. AGENCY RULES REVIEW ADVISORY COMMITTEE. (a)
5-6 The Agency Rules Review Committee is established.
5-7 (b) The committee is composed of the following members or
5-8 their designees:
5-9 (1) the governor;
5-10 (2) the lieutenant governor;
5-11 (3) the speaker of the House of Representatives;
5-12 (4) the executive director of the Sunset Commission;
5-13 (5) the executive director of the Legislative Council.
5-14 (c) The committee shall consider possible approaches to
5-15 legislative review of rules promulgated by state agencies, and
5-16 provide a recommendation for action in a report to the legislature
5-17 not later than November 1, 1996.
5-18 (d) The staff of the members of the committee shall serve as
5-19 staff for the committee, and their shall be no appropriation for
5-20 the work of the committee.
5-21 (e) This section shall expire August 31, 1997 unless renewed
5-22 by legislation prior to that date.
5-23 SECTION 3. Section 2001.032, Government Code, is repealed.
5-24 SECTION 4. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended,
6-2 and that this Act take effect and be in force from and after its
6-3 passage, and it is so enacted.