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.