By Sibley S.B. No. 991 74R353 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to requiring legislative approval of state agency rules 1-3 that took effect during the two years preceding a regular session. 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. LEGISLATIVE APPROVAL; EXPIRATION OF RULE 1-8 THAT IS NOT APPROVED. (a) A state agency rule that takes effect 1-9 during the two calendar years preceding January 1 of the month in 1-10 which a regular session of the legislature convenes expires on the 1-11 September 1 following final adjournment of the regular session 1-12 unless the legislature passes a bill during the regular session or 1-13 during a subsequent special session that: 1-14 (1) approves the rule; and 1-15 (2) becomes law on or before that September 1. 1-16 (b) A state agency shall send to the presiding officer of 1-17 each house of the legislature not later than November 1 of each 1-18 even-numbered year a preliminary report that contains the name of 1-19 the agency, the text of each of the agency's rules that took effect 1-20 or that have been adopted that are subject to expire on September 1 1-21 under Subsection (a), and a copy of the agency's orders that 1-22 finally adopted those rules. The agency shall send to the 1-23 presiding officer of each house of the legislature not later than 1-24 the first Monday after the date the legislature convenes in regular 2-1 session a final report that contains the name of the agency, the 2-2 text of each of the agency's rules that are subject to expire on 2-3 September 1 under Subsection (a), and a copy of the agency's orders 2-4 that finally adopted those rules. 2-5 (c) If a rule that expires under Subsection (a) amended or 2-6 repealed a prior rule, the text of the prior rule is revived as the 2-7 state agency's rule effective on the September 1 the unapproved 2-8 rule expires, to the extent that the text of the prior rule is 2-9 still consistent with the agency's rulemaking authority under law. 2-10 SECTION 2. This Act applies only to a state agency rule that 2-11 takes effect on or after January 1, 1995. 2-12 SECTION 3. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended, 2-17 and that this Act take effect and be in force from and after its 2-18 passage, and it is so enacted.