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.