IMF S.B. 1715 75(R)BILL ANALYSIS


STATE AFFAIRS
S.B. 1715
By: Patterson, Jerry (Jackson)
5-15-97
Committee Report (Amended)


BACKGROUND

Currently, the Texas Register publishes proposed rules of various state
agencies.  These publications can be difficult to read since it is unclear
in the publications which rules are being amended or deleted by a state
agency and which rules are merely printing of current rules.  This bill
would require the rules to be published in a manner similar to legislative
documents, with added language underlined and deleted language bracketed
and stricken through. 

PURPOSE

As proposed, S.B. 1715 revises the required contents in a notice for the
adoption of proposed rules by a state agency.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2001.024, Government Code, to require, in the
notice of a proposed rule that amends any part of an existing rule, the
text of the entire rule being amended to be set out; the language to be
deleted to be bracketed and stricken through; and the language to be added
to be underlined.  Requires the new rule or section, in the notice of a
proposed rule that is new or that adds a complete section to an existing
rule, to be set out and underlined.  Requires the entire rule, if any
proposed rule is to be amended subsequent to the publication of the rule,
to be republished in its final proposed form at least 30 days prior to
adoption or consideration thereof.  Makes a conforming change.     

SECTION 2. Provides that any rule adopted by a state agency which is not
in conformity with the standards set forth in Section 2001.024, Government
Code, as amended by this Act, to be null and void and of no force or
effect. 

SECTION 3. Requires the provisions of this Act, if any provision of this
Act is in conflict with any rule, regulation, or provision of other law,
to prevail to the extent of the conflict. 

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.  



EXPLANATION OF AMENDMENT

Committee amendment no 1. to SB 1715 amends SECTION 1 of the bill by
deleting proposed Section 2001.024(d) of the Government Code because of
the frequent rule changes for the affected state agencies.  Many times
rules change and there is not time to post for another 30 days.