Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Smithee H.B. No. 3390
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirements for state agency orders adopting rules
1-3 and substantial compliance with those requirements.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2001.030 is repealed in its entirety.
1-6 SECTION 2. Section 2001.033, Texas Government Code, is
1-7 amended as follows:
1-8 Sec. 2001.033. State Agency Order Adopting Rule. (a) A
1-9 state agency order finally adopting a rule must include:
1-10 (1) a reasoned justification for the rule as a whole
1-11 comprised solely of [, including]:
1-12 (A) a summary of comments received from parties
1-13 interested in the rule that shows the names of interested groups or
1-14 associations offering comment on the rule and whether they were for
1-15 or against its adoption;
1-16 (B) a summary [restatement] of the [rule's]
1-17 factual basis for the rule as adopted; and
1-18 (C) the reasons why the agency disagrees with
1-19 party submissions and proposals;
1-20 (2) a concise restatement of the particular statutory
1-21 provisions under which the rule is adopted and of how the agency
1-22 interprets the provisions as authorizing or requiring the rule; and
1-23 (3) a certification that the rule, as adopted, has
1-24 been reviewed by legal counsel and found to be a valid exercise of
2-1 the agency's legal authority.
2-2 (b) Administrative convenience may be an appropriate
2-3 justification for a rule.
2-4 SECTION 3. Section 2001.035, Texas Government Code, is
2-5 amended as follows:
2-6 Sec. 2001.035. Substantial Compliance Requirement; Time
2-7 Limit on Procedural Challenge. (a) A rule [adopted after January
2-8 1, 1976] is voidable [not valid] unless a state agency adopts it in
2-9 substantial compliance with Sections 2001.023 through 2001.034.
2-10 (b) A person must initiate a proceeding to contest a rule on
2-11 the ground of noncompliance with the procedural requirements of
2-12 Sections 2001.023 through 2001.034 not later than the second
2-13 anniversary of the effective date of the rule.
2-14 (c) An agency substantially complies with the requirements
2-15 of Section 2001.033 if its reasoned justification demonstrates in a
2-16 relatively clear and logical fashion that the rule is a reasonable
2-17 means to a legitimate objective.
2-18 (d) Mere technical defects which do not result in prejudice
2-19 to a party's rights or privileges are not grounds for invalidation
2-20 of a rule.
2-21 SECTION 4. This Act takes effect September 1, 1997 and
2-22 applies to all rules adopted on or after January 1, 1996.
2-23 SECTION 5. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.