By Rabuck H.B. No. 1460
74R4479 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to establishment of the office of administrative rule
1-3 review within the office of the governor.
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. FILING PROPOSED RULE FOR REVIEW BY
1-8 GOVERNOR'S OFFICE. A state agency shall file, on the same day that
1-9 it files notice with the secretary of state as required by Section
1-10 2001.023, a copy of each proposed rule other than an emergency rule
1-11 with the office of administrative rule review under Chapter 774.
1-12 SECTION 2. Title 7, Government Code, is amended by adding
1-13 Chapter 774 to read as follows:
1-14 CHAPTER 774. OFFICE OF ADMINISTRATIVE RULE REVIEW
1-15 Sec. 774.001. DEFINITIONS. In this chapter:
1-16 (1) "Office" means the office of administrative rule
1-17 review.
1-18 (2) "Rule" has the meaning assigned by Section
1-19 2001.003.
1-20 (3) "State agency" has the meaning assigned by Section
1-21 2001.003.
1-22 Sec. 774.002. OFFICE ESTABLISHED. The office of
1-23 administrative rule review is a division of the office of the
1-24 governor.
2-1 Sec. 774.003. RULE REVIEW. The office may review:
2-2 (1) any proposed rule referred to it under Section
2-3 2001.0321; and
2-4 (2) a rule that has been adopted by a state agency and
2-5 is in effect.
2-6 Sec. 774.004. PUBLIC HEARING. The office may hold a public
2-7 hearing or meeting on a rule or proposed rule under review.
2-8 Sec. 774.005. STANDARD OF REVIEW. In reviewing a rule or
2-9 proposed rule, the office shall consider:
2-10 (1) whether the rule is authorized by law and is
2-11 consistent with the intent and scope of the authorizing law;
2-12 (2) whether the rule complies with all other
2-13 applicable law; and
2-14 (3) whether the rule is reasonable considering
2-15 available alternatives that:
2-16 (A) may be more efficient and economical; or
2-17 (B) are less burdensome to the public or to
2-18 persons affected by the rule.
2-19 Sec. 774.006. RECOMMENDATION; NOTICE. (a) After review,
2-20 the office may recommend that the governor suspend a rule or
2-21 proposed rule.
2-22 (b) If the office recommends suspension of a rule or
2-23 proposed rule, it shall, not later than the 10th day after the date
2-24 the recommendation is made, give written notice of the
2-25 recommendation to the:
2-26 (1) state agency that adopted or proposed the rule;
2-27 and
3-1 (2) secretary of state.
3-2 Sec. 774.007. PUBLICATION OF RECOMMENDATION; NOTIFICATION
3-3 OF INTERESTED PERSONS. (a) The secretary of state shall publish
3-4 notice of the office's recommendation in the Texas Register as soon
3-5 as practicable after receiving the notice under Section 774.006.
3-6 (b) The state agency shall notify any appropriate persons on
3-7 its mailing lists of the recommendation.
3-8 Sec. 774.008. GOVERNOR'S SUSPENSION OF RULE. (a) The
3-9 governor, on the recommendation of the office or on the governor's
3-10 own action, by proclamation may suspend a rule, other than an
3-11 emergency rule, adopted or proposed by a state agency.
3-12 (b) The governor shall consider the items listed by Section
3-13 774.005 and shall state in the proclamation the grounds for
3-14 suspension of the rule. The governor must state in the
3-15 proclamation the date on which the suspension takes effect. The
3-16 effective date of the suspension may not be earlier than the 30th
3-17 day after the date of the proclamation.
3-18 (c) Not later than the fifth day after the date of the
3-19 proclamation, the governor shall:
3-20 (1) deliver a certified copy of the proclamation to
3-21 the state agency that adopted or proposed the rule; and
3-22 (2) file notice of the proclamation with the secretary
3-23 of state for publication in the Texas Register and the Texas
3-24 Administrative Code.
3-25 Sec. 774.009. STAY ON ADOPTION OF SUSPENDED RULE. (a) When
3-26 a rule or proposed rule is suspended under this chapter, the state
3-27 agency that adopted or proposed the rule may not adopt a rule
4-1 containing the substance of the suspended rule before the third
4-2 anniversary of the date the suspension takes effect, unless the
4-3 governor by proclamation consents to adoption of the rule.
4-4 (b) On or after the third anniversary of suspension of a
4-5 rule or proposed rule, a state agency may adopt the same rule or a
4-6 rule containing the substance of the suspended rule as provided by
4-7 Subchapter B, Chapter 2001.
4-8 Sec. 774.010. EFFECT OF SUSPENSION ON PRIOR ACTION. The
4-9 suspension of a rule under this chapter does not affect the
4-10 validity of an action taken in connection with the rule when the
4-11 rule was in effect.
4-12 SECTION 3. Section 2001.032, Government Code, is repealed.
4-13 SECTION 4. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended,
4-18 and that this Act take effect and be in force from and after its
4-19 passage, and it is so enacted.