1-1  By:  Sibley                                            S.B. No. 991
    1-2        (In the Senate - Filed March 8, 1995; March 9, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 25, 1995, reported favorably by the following vote:  Yeas 12,
    1-5  Nays 1; April 25, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to requiring legislative approval of state agency rules
    1-9  that took effect during the two years preceding a regular session.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Subchapter B, Chapter 2001, Government Code, is
   1-12  amended by adding Section 2001.0321 to read as follows:
   1-13        Sec. 2001.0321.  LEGISLATIVE APPROVAL; EXPIRATION OF RULE
   1-14  THAT IS NOT APPROVED.  (a)  A state agency rule that takes effect
   1-15  during the two calendar years preceding January 1 of the month in
   1-16  which a regular session of the legislature convenes expires on the
   1-17  September 1 following final adjournment of the regular session
   1-18  unless the legislature passes a bill during the regular session or
   1-19  during a subsequent special session that:
   1-20              (1)  approves the rule; and
   1-21              (2)  becomes law on or before that September 1.
   1-22        (b)  A state agency shall send to the presiding officer of
   1-23  each house of the legislature not later than November 1 of each
   1-24  even-numbered year a preliminary report that contains the name of
   1-25  the agency, the text of each of the agency's rules that took effect
   1-26  or that have been adopted that are subject to expiration on
   1-27  September 1 under Subsection (a), and a copy of the agency's orders
   1-28  that finally adopted those rules.  The agency shall send to the
   1-29  presiding officer of each house of the legislature not later than
   1-30  the first Monday after the date the legislature convenes in regular
   1-31  session a final report that contains the name of the agency, the
   1-32  text of each of the agency's rules that are subject to expiration
   1-33  on September 1 under Subsection (a), and a copy of the agency's
   1-34  orders that finally adopted those rules.
   1-35        (c)  If a rule that expires under Subsection (a) amended or
   1-36  repealed a prior rule, the text of the prior rule is revived as the
   1-37  state agency's rule effective on the September 1 the unapproved
   1-38  rule expires, to the extent that the text of the prior rule is
   1-39  still consistent with the agency's rulemaking authority under law.
   1-40        SECTION 2.  This Act applies only to a state agency rule that
   1-41  takes effect on or after January 1, 1995.
   1-42        SECTION 3.  The importance of this legislation and the
   1-43  crowded condition of the calendars in both houses create an
   1-44  emergency and an imperative public necessity that the
   1-45  constitutional rule requiring bills to be read on three several
   1-46  days in each house be suspended, and this rule is hereby suspended,
   1-47  and that this Act take effect and be in force from and after its
   1-48  passage, and it is so enacted.
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