By Junell H.B. No. 835
75R1262 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the expiration and readoption of state agency rules.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 2001, Government Code, is
1-5 amended by adding Section 2001.0365 to read as follows:
1-6 Sec. 2001.0365. EXPIRATION AND READOPTION OF RULES. (a) A
1-7 state agency rule that takes effect on or after September 1, 1997,
1-8 expires on the fourth anniversary of the date on which the rule
1-9 takes effect unless the rule expires on an earlier date in
1-10 accordance with other law.
1-11 (b) A state agency may readopt, with or without amendments,
1-12 an expired rule or a rule scheduled for expiration. All laws and
1-13 procedures that apply to rulemaking apply to the readopted rule and
1-14 to the readoption process, including laws and procedures relating
1-15 to the proposal, adoption, effect, duration, or operation of a
1-16 rule.
1-17 (c) A state agency that gives notice in accordance with
1-18 Sections 2001.023 and 2001.024 of its intent to readopt an expired
1-19 rule or a rule scheduled for expiration may readopt the rule on an
1-20 emergency basis in the manner prescribed by and for the periods
1-21 allowed under Section 2001.034.
1-22 (d) A state agency that intends to allow a rule to expire by
1-23 operation of Subsection (a) without readopting the rule shall give
1-24 notice of its intent not later than the 45th day before the date
2-1 of expiration. The agency shall include in the notice the text of
2-2 the rule, or a summary of the rule if the text is voluminous, and
2-3 the agency's reasons for not proposing readoption. The agency shall
2-4 file the notice with the secretary of state for publication in the
2-5 Texas Register and shall mail the notice to the governor, the
2-6 presiding officer of each house of the legislature, and each person
2-7 who has made a written request to the agency for advance notice of
2-8 its rule-making proceedings. Failure to comply with this subsection
2-9 does not affect the expiration of the rule.
2-10 (e) For purposes of expiration or readoption under this
2-11 section:
2-12 (1) each section of a rule is considered to be a
2-13 separate rule;
2-14 (2) if a rule is not organized into sections, then
2-15 each unit of the rule that is most analogous to a section is
2-16 considered to be a separate rule;
2-17 (3) a rule is considered to have taken effect on the
2-18 date the rule as originally adopted took effect or, if the rule has
2-19 been readopted, on the date the rule as readopted took effect; and
2-20 (4) an amendment to a rule is considered to be a
2-21 readoption of the rule only if the agency explicitly states in its
2-22 Texas Register notice of the proposed amendment that the amendment
2-23 is to be considered a readoption of the rule.
2-24 (f) A state agency rule that takes effect before September
2-25 1, 1997, expires September 1, 2001, unless the rule expires on an
2-26 earlier date under Subsection (g) or other law. A state agency may
2-27 readopt, in accordance with this section and with or without
3-1 amendments, a rule that expired or is scheduled for expiration
3-2 under this subsection and Subsection (g). This subsection expires
3-3 September 2, 2001.
3-4 (g) Each state agency shall develop a plan to review all of
3-5 its rules that are scheduled for expiration under Subsection (f).
3-6 The plan must provide for the review of at least 25 percent of
3-7 those rules during the state fiscal year beginning September 1,
3-8 1997, at least 25 percent of those rules during the state fiscal
3-9 year beginning September 1, 1998, at least 25 percent of those
3-10 rules during the state fiscal year beginning September 1, 1999, and
3-11 the remainder of those rules during the state fiscal year beginning
3-12 September 1, 2000. Not later than November 1 of each fiscal year,
3-13 each state agency shall develop and send to the secretary of state
3-14 for publication in the Texas Register the agency's review plan for
3-15 that fiscal year that lists the rules the agency proposes to review
3-16 during that fiscal year. Each agency rule that is listed in the
3-17 agency's review plan for a fiscal year expires at the end of the
3-18 last day of that fiscal year. This subsection does not prohibit an
3-19 agency from adopting, readopting, amending, or repealing a rule
3-20 during a fiscal year without regard to whether it is listed in the
3-21 annual review plan for that year. This subsection expires September
3-22 1, 2001.
3-23 SECTION 2. Section 2001.003(6), Government Code, is amended
3-24 to read as follows:
3-25 (6) "Rule":
3-26 (A) means a state agency statement of general
3-27 applicability that:
4-1 (i) implements, interprets, or prescribes
4-2 law or policy; or
4-3 (ii) describes the procedure or practice
4-4 requirements of a state agency;
4-5 (B) includes the amendment, readoption, or
4-6 repeal of a prior rule; and
4-7 (C) does not include a statement regarding only
4-8 the internal management or organization of a state agency and not
4-9 affecting private rights or procedures.
4-10 SECTION 3. Section 2001.024, Government Code, is amended to
4-11 read as follows:
4-12 Sec. 2001.024. CONTENT OF NOTICE. The notice of a proposed
4-13 rule must include:
4-14 (1) a brief explanation of the proposed rule;
4-15 (2) the text of the proposed rule, except any portion
4-16 omitted under Section 2002.014, prepared in a manner to indicate
4-17 any words to be added or deleted from the current text;
4-18 (3) a statement of the statutory or other authority
4-19 under which the rule is proposed to be adopted, including:
4-20 (A) a concise explanation of the particular
4-21 statutory or other provisions under which the rule is proposed;
4-22 (B) the section or article of the code affected;
4-23 and
4-24 (C) a certification that the proposed rule has
4-25 been reviewed by legal counsel and found to be within the state
4-26 agency's authority to adopt;
4-27 (4) a fiscal note showing the name and title of the
5-1 officer or employee responsible for preparing or approving the note
5-2 and stating for each year of the first five years that the rule
5-3 will be in effect:
5-4 (A) the additional estimated cost to the state
5-5 and to local governments expected as a result of enforcing or
5-6 administering the rule;
5-7 (B) the estimated reductions in costs to the
5-8 state and to local governments as a result of enforcing or
5-9 administering the rule;
5-10 (C) the estimated loss or increase in revenue to
5-11 the state or to local governments as a result of enforcing or
5-12 administering the rule; and
5-13 (D) if applicable, that enforcing or
5-14 administering the rule does not have foreseeable implications
5-15 relating to cost or revenues of the state or local governments;
5-16 (5) a note about public benefits and costs showing the
5-17 name and title of the officer or employee responsible for preparing
5-18 or approving the note and stating for each year of the first five
5-19 years that the rule will be in effect:
5-20 (A) the public benefits expected as a result of
5-21 adoption of the proposed rule; and
5-22 (B) the probable economic cost to persons
5-23 required to comply with the rule;
5-24 (6) the local employment impact statement prepared
5-25 under Section 2001.022, if required;
5-26 (7) a request for comments on the proposed rule from
5-27 any interested person;
6-1 (8) a statement that the proposed rule is a new rule,
6-2 an amended rule, a readopted rule, or a readopted and amended rule,
6-3 as applicable; and
6-4 (9) [(8)] any other statement required by law.
6-5 SECTION 4. Section 2001.033, Government Code, is amended to
6-6 read as follows:
6-7 Sec. 2001.033. STATE AGENCY ORDER ADOPTING RULE. A state
6-8 agency order finally adopting a rule must include:
6-9 (1) a reasoned justification of the rule, including:
6-10 (A) a summary of comments received from parties
6-11 interested in the rule that shows the names of interested groups or
6-12 associations offering comment on the rule and whether they were for
6-13 or against its adoption;
6-14 (B) a restatement of the rule's factual basis;
6-15 and
6-16 (C) the reasons why the agency disagrees with
6-17 party submissions and proposals;
6-18 (2) a concise restatement of the particular statutory
6-19 provisions under which the rule is adopted and of how the agency
6-20 interprets the provisions as authorizing or requiring the rule;
6-21 (3) the expiration date of the rule; and
6-22 (4) [(3)] a certification that the rule, as adopted,
6-23 has been reviewed by legal counsel and found to be a valid exercise
6-24 of the agency's legal authority.
6-25 SECTION 5. Section 2002.051, Government Code, is amended by
6-26 adding Subsection (d) to read as follows:
6-27 (d) The secretary of state shall publish with a rule:
7-1 (1) the expiration date of the rule; or
7-2 (2) information relating to the expiration process
7-3 applicable to the rule, if the secretary does not know the
7-4 expiration date.
7-5 SECTION 6. Section 61.027, Education Code, is amended to
7-6 read as follows:
7-7 Sec. 61.027. RULES OF PROCEDURE; HEARINGS; NOTICE; MINUTES.
7-8 The board shall adopt and publish rules and regulations in
7-9 accordance with and under the conditions applied to other agencies
7-10 by Chapter 2001, Government Code, including conditions relating to
7-11 the automatic expiration of rules, to effectuate the provisions of
7-12 this chapter. The board shall grant any institution of higher
7-13 education a hearing upon request and after reasonable notice.
7-14 Minutes of all meetings shall be available in the board's office
7-15 for public inspection.
7-16 SECTION 7. This Act takes effect September 1, 1997.
7-17 SECTION 8. The importance of this legislation and the
7-18 crowded condition of the calendars in both houses create an
7-19 emergency and an imperative public necessity that the
7-20 constitutional rule requiring bills to be read on three several
7-21 days in each house be suspended, and this rule is hereby suspended.