By Swinford H.B. No. 861
74R2500 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring that a proposed state agency rule may not be
1-3 adopted or take effect until the appropriate legislative committees
1-4 hold hearings on the proposed rule.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2001.032, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 2001.032. LEGISLATIVE REVIEW. (a) Each house of the
1-9 legislature by rule shall establish a process under which <the
1-10 presiding officer of each house refers> each <proposed> state
1-11 agency may learn the name of <rule to> the <appropriate standing>
1-12 committee in that house that has primary responsibility for matters
1-13 concerning the agency for purposes of this section <for review
1-14 before the rule is adopted>.
1-15 (b) A state agency shall deliver to the presiding officer of
1-16 the legislative committee in each house of the legislature that has
1-17 primary responsibility for matters concerning the agency for
1-18 purposes of this section <lieutenant governor and the speaker of
1-19 the house of representatives> a copy of the notice of a proposed
1-20 rule when the agency files notice with the secretary of state under
1-21 Section 2001.023.
1-22 (c) The <On the vote of a majority of its members, a
1-23 standing committee may send to a state agency a statement
1-24 supporting or opposing adoption of a> proposed rule may not be
2-1 adopted by the agency or take effect until the legislative
2-2 committee in each house of the legislature that has primary
2-3 responsibility for matters concerning the agency for purposes of
2-4 this section has held a hearing to consider the proposed rule. The
2-5 committees in each house may hold one joint rather than two
2-6 separate hearings. The hearing requirement of this subsection is in
2-7 addition to the hearing requirement of Section 2001.029(b).
2-8 (d) This section does not apply to an emergency rule adopted
2-9 under Section 2001.034.
2-10 SECTION 2. Section 2001.027, Government Code, is amended to
2-11 read as follows:
2-12 Sec. 2001.027. WITHDRAWAL OF PROPOSED RULE. (a) A proposed
2-13 rule is withdrawn six months after the date of publication of
2-14 notice of the proposed rule in the Texas Register if a state agency
2-15 has failed by that time to adopt, adopt as amended, or withdraw the
2-16 proposed rule, unless the legislative committee hearing or hearings
2-17 required by Section 2001.032 have not yet been completed during
2-18 that period.
2-19 (b) If a hearing required by Section 2001.032 is held more
2-20 than 150 days after the date of publication of notice of the
2-21 proposed rule in the Texas Register, the period for automatic
2-22 withdrawal under Subsection (a) is extended until the 30th day
2-23 after the date that the hearing or hearings required by Section
2-24 2001.032 have been completed.
2-25 SECTION 3. This Act takes effect September 1, 1995, and
2-26 applies only to a proposed rule for which notice is sent to the
2-27 secretary of state by a state agency under Section 2001.023,
3-1 Government Code, on or after that date.
3-2 SECTION 4. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.