By Turner of Coleman, et al.                           H.B. No. 723
       74R1174 JSA-D
                                 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)  A state agency shall file, on the same day
    1-9  that it files notice with the secretary of state as required by
   1-10  Section 2001.023, a copy of each proposed rule other than an
   1-11  emergency rule with the officer or employee with whom bills are
   1-12  filed in each house of the legislature.  Proposed rules filed under
   1-13  this subsection shall be referred to standing committees of the
   1-14  appropriate house in the same manner that bills are referred,
   1-15  unless a house by rule provides for another manner of referral for
   1-16  proposed rules.  Each proposed rule shall be referred to a standing
   1-17  committee before the 10th day after the date the rule is filed with
   1-18  the appropriate officer or employee of a house of the legislature.
   1-19        (b)  A standing committee may review any proposed rule
   1-20  referred to it.  The presiding officer of either house may refer a
   1-21  rule that has been adopted by a state agency and is in effect to a
   1-22  standing committee for review.  The committee may hold a public
   1-23  hearing or meeting on the rule or proposed rule.  In reviewing a
   1-24  rule or proposed rule, the committee shall consider:
    2-1              (1)  whether the rule is authorized by law and is
    2-2  consistent with the intent and scope of the authorizing law;
    2-3              (2)  whether the rule complies with all other
    2-4  applicable law; and
    2-5              (3)  whether the rule is reasonable considering
    2-6  available alternatives that are more cost-effective or are less
    2-7  burdensome to the public or to persons affected by the rule.
    2-8        (c)  A committee by majority vote of the membership of the
    2-9  committee may recommend that the governor suspend the rule or
   2-10  proposed rule.  As an alternative to holding a meeting on the
   2-11  question, the chairman of  the committee may notify the members of
   2-12  the committee that a rule or proposed rule has been referred to the
   2-13  committee and provide each member with a ballot to permit voting
   2-14  for, voting against, or participating and not voting on whether the
   2-15  committee shall recommend suspension of the rule.  The chairman
   2-16  shall give each member an opportunity to vote or participate by
   2-17  mail or by facsimile transmission of a marked ballot.  If the
   2-18  committee recommends suspension of the rule or proposed rule, the
   2-19  chairman, not later than the 10th day after the date the
   2-20  recommendation is made, shall give written notice of its
   2-21  recommendation to:
   2-22              (1)  the presiding officer of the house;
   2-23              (2)  the governor;
   2-24              (3)  the state agency that adopted or proposed the
   2-25  rule; and
   2-26              (4)  the secretary of state.
   2-27        (d)  The secretary of state shall publish notice of the
    3-1  committee recommendation in the Texas Register as soon as
    3-2  practicable after receiving the notice.  The state agency shall
    3-3  notify any appropriate persons on its mailing lists of the
    3-4  committee recommendation.
    3-5        (e)  If a committee recommends suspension of a rule, the
    3-6  chairman of the committee shall give written notice of the
    3-7  committee recommendation to each member of the house of the
    3-8  legislature of which the committee is a part not later than the
    3-9  10th day after the action is taken.  Not later than the 30th day
   3-10  after the date of the committee action, a member of that house may
   3-11  file a written objection to the committee's action with the
   3-12  presiding officer of that house.  If at least 16 senators, in the
   3-13  case of action by a senate committee, or 76 members of the house,
   3-14  in the case of action by a house committee, file timely objections,
   3-15  the recommendation to suspend the rule is withdrawn.  If a
   3-16  recommendation is withdrawn, the presiding officer of the
   3-17  appropriate house shall notify the state agency that adopted or
   3-18  proposed the rule and shall file notice of the withdrawal with the
   3-19  secretary of state for publication in the Texas Register.  If the
   3-20  required number of members of the appropriate house do not file
   3-21  timely objections, the committee's recommendation remains in
   3-22  effect.
   3-23        (f)  The governor, on the recommendation of a standing
   3-24  committee under this section or on the governor's own action, by
   3-25  proclamation may suspend a rule, other than an emergency rule,
   3-26  adopted or proposed by a state agency.  The governor shall consider
   3-27  the items listed in Subsection (b) and shall state in the
    4-1  proclamation the grounds for suspension of the rule.  The governor
    4-2  must state in the proclamation the date on which the suspension
    4-3  takes effect.  The effective date may not be earlier than the 30th
    4-4  day after the date of the proclamation.  Not later than the fifth
    4-5  day after the date of the proclamation, the governor shall:
    4-6              (1)  deliver a certified copy of the proclamation to
    4-7  the state agency that adopted or proposed the rule; and
    4-8              (2)  file notice of the proclamation with the secretary
    4-9  of state for publication in the Texas Register.
   4-10        (g)  When a rule or proposed rule is suspended under this
   4-11  section, the state agency that adopted or proposed the rule may not
   4-12  adopt a rule containing the substance of the suspended rule before
   4-13  the third anniversary of the date the suspension takes effect,
   4-14  unless the governor by proclamation consents to adoption of the
   4-15  rule.  On or after the third anniversary, the state agency may
   4-16  adopt the same rule or a rule containing the substance of the
   4-17  suspended rule as provided by this subchapter.
   4-18        SECTION 2.  Section 2001.032, Government Code, is  repealed.
   4-19        SECTION 3.  The importance of this legislation and the
   4-20  crowded condition of the calendars in both houses create an
   4-21  emergency and an imperative public necessity that the
   4-22  constitutional rule requiring bills to be read on three several
   4-23  days in each house be suspended, and this rule is hereby suspended,
   4-24  and that this Act take effect and be in force from and after its
   4-25  passage, and it is so enacted.