By Jones of Lubbock                             H.B. No. 2253

      75R8424 T                           

                                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 2-6     repealed a prior rule, the text of the prior rule is revived as the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.