By Duncan                                             H.B. No. 2292
       74R7191 JRD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to rulemaking by a state agency when one-half or more of
    1-3  the number of positions on the agency's governing body are either
    1-4  unfilled or have been filled by persons who are still awaiting
    1-5  senate confirmation.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Subchapter B, Chapter 2001, Government Code, is
    1-8  amended by adding Section 2001.0335 to read as follows:
    1-9        Sec. 2001.0335.  RULEMAKING BY STATE AGENCY WHEN MAJORITY OF
   1-10  AGENCY POSITIONS ARE UNFILLED OR FILLED BY MEMBERS AWAITING
   1-11  CONFIRMATION.  (a)  This section applies only to a state agency
   1-12  that is governed by:
   1-13              (1)  a single state official whose appointment to the
   1-14  position is subject to senate confirmation; or
   1-15              (2)  a governing body composed only of:
   1-16                    (A)  members whose appointment to the governing
   1-17  body is subject to senate confirmation; or
   1-18                    (B)  members described by Paragraph (A) plus ex
   1-19  officio members.
   1-20        (b)  A state agency that is governed by a single state
   1-21  official may not adopt a rule other than an emergency rule until
   1-22  the state official has been confirmed by the senate.
   1-23  Notwithstanding Section 2001.034(c), a state agency may at a time
   1-24  when it is subject to this subsection continue to renew its
    2-1  emergency rules for  more than one period of 60 days after the
    2-2  initial 120-day period until the official is confirmed.
    2-3        (c)  A state agency that is governed by a multimember
    2-4  governing body may not adopt a rule other than an emergency rule at
    2-5  a time when one-half or more of the number of positions on the
    2-6  agency's governing body, other than ex officio positions, are
    2-7  either unfilled or have been filled by persons who are still
    2-8  awaiting senate confirmation.  Notwithstanding Section 2001.034(c),
    2-9  a state agency may at a time when it is subject to this subsection
   2-10  continue to renew its emergency rules for more than one period of
   2-11  60 days after the initial 120-day period until more than one-half
   2-12  of the number of positions on the agency's governing body, other
   2-13  than ex officio positions, are filled by persons who have been
   2-14  confirmed by the senate.
   2-15        SECTION 2.  This Act takes effect September 1, 1995, and
   2-16  applies only to a state agency rule adopted on or after that date.
   2-17        SECTION 3.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.