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.