By Heflin H.B. No. 2942
74R6569 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to emergency rulemaking by state agencies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2001.034, Government Code, is amended by
1-5 amending Subsections (a) and (c) and adding Subsection (e) to read
1-6 as follows:
1-7 (a) A state agency may adopt an emergency rule without prior
1-8 notice or hearing, or with an abbreviated notice and a hearing that
1-9 it finds practicable, if the agency:
1-10 (1) finds that an imminent peril to the public health,
1-11 safety, or welfare, or subject to Subsection (e), a requirement of
1-12 state or federal law, requires adoption of a rule on fewer than 30
1-13 days' notice; and
1-14 (2) states in writing the reasons for its finding
1-15 under Subdivision (1).
1-16 (c) A rule adopted under this section may be effective for
1-17 not longer than 120 days and may be renewed once for not longer
1-18 than 60 days. An identical rule may be adopted under the normal
1-19 rulemaking procedures prescribed by this subchapter <Sections
1-20 2001.023 and 2001.029>. To be effective beyond the 120-day and
1-21 60-day periods prescribed by this subsection, a rule must be
1-22 adopted under the normal rulemaking procedures prescribed by this
1-23 chapter, including a rule that a state agency is required to adopt
1-24 under federal or state law or a rule the text of which the agency
2-1 adopts by reference to the text of a federal or state law or a
2-2 federal regulation.
2-3 (e) A state agency may adopt an emergency rule without prior
2-4 notice or hearing, or with an abbreviated notice and a hearing that
2-5 it finds practicable, because a requirement of state or federal law
2-6 requires adoption of the rule on fewer than 30 days' notice only if
2-7 the officers and employees of the agency:
2-8 (1) were not aware of the requirement in time to adopt
2-9 the rule through the normal rulemaking procedures prescribed by
2-10 this subchapter; and
2-11 (2) could not reasonably be expected to have foreseen
2-12 the existence of the requirement in time to adopt the rule through
2-13 the normal rulemaking procedures prescribed by this subchapter.
2-14 SECTION 2. This Act takes effect September 1, 1995. The
2-15 change in law made by this Act applies only to an emergency rule
2-16 adopted by a state agency 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.