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.