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1-34 orders that finally adopted those rules. 1-35 (c) If a rule that expires under Subsection (a) amended or 1-36 repealed a prior rule, the text of the prior rule is revived as the 1-37 state agency's rule effective on the September 1 the unapproved 1-38 rule expires, to the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. 1-49 * * * * *