By Nelson S.B. No. 1073
75R3632 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to legislative review and gubernatorial suspension of
1-3 certain rules of state agencies.
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. INDEPENDENT REVIEW OF RULES; SUSPENSION OF
1-8 RULE BY GOVERNOR. (a) The chair of any standing committee of
1-9 either house of the legislature may request the presiding officer
1-10 of that house to initiate an independent review by the appropriate
1-11 standing committee of that house of a rule proposed or adopted by a
1-12 state agency, including an emergency rule, unless the rule has been
1-13 in effect for more than 180 days. If requested to do so by an
1-14 author or sponsor of the legislation that enacted the law under
1-15 which the rule or proposed rule is authorized, the chair of a
1-16 standing committee of the same house as the requesting author or
1-17 sponsor shall request the presiding officer to initiate that
1-18 review. Not later than the 10th day after the date the request is
1-19 made, the presiding officer shall:
1-20 (1) notify the petitioning chair whether the review
1-21 will be conducted; and
1-22 (2) refer the rule to the appropriate standing
1-23 committee if the presiding officer determines that a review of the
1-24 rule is appropriate.
2-1 (b) A standing committee may review any proposed or adopted
2-2 rule referred to it. The committee may hold a public hearing or a
2-3 meeting on the rule or proposed rule. In reviewing a rule or
2-4 proposed rule, the committee shall consider:
2-5 (1) whether the rule is authorized by law and is
2-6 consistent with the intent and scope of the authorizing law;
2-7 (2) whether the rule complies with all other
2-8 applicable law; and
2-9 (3) whether the rule can be justified when compared to
2-10 available alternatives that would satisfy the legislative intent of
2-11 the authorizing law and requirements of other applicable law on the
2-12 basis of:
2-13 (A) cost to the state and to persons affected by
2-14 the rule; and
2-15 (B) the burden the rule places on the public or
2-16 persons affected by the rule.
2-17 (c) A committee by majority vote of the membership of the
2-18 committee may recommend to the presiding officer of the appropriate
2-19 house that the presiding officer request the governor to suspend
2-20 the rule or proposed rule.
2-21 (d) The committee may meet by telephone conference call to
2-22 consider a rule or proposed rule under this section. The notice of
2-23 the meeting must specify as the location of the meeting at least
2-24 one location at which facilities must be provided to make the
2-25 meeting audible to the public. The meeting shall be recorded on
2-26 audio tape, and the tape recordings shall be made available to the
2-27 public.
3-1 (e) As an alternative to holding a meeting on the question,
3-2 the chair of the committee may notify the members of the committee
3-3 that a rule or proposed rule has been referred to the committee and
3-4 provide each member with a ballot to permit voting for, voting
3-5 against, or participating and not voting on whether the committee
3-6 shall recommend that the presiding officer request the governor to
3-7 suspend the rule or proposed rule. The chair shall give each
3-8 member an opportunity to vote or participate by mail or by
3-9 facsimile transmission of a marked ballot. Any deliberation among
3-10 the members of the committee must be in writing, occur in public
3-11 meeting, or occur in a telephone conference call as provided by
3-12 Subsection (d).
3-13 (f) If the committee recommends that the presiding officer
3-14 request the governor to suspend the rule or proposed rule, the
3-15 chair, not later than the 10th day after the date the
3-16 recommendation is made, shall give written notice of the committee
3-17 recommendation to:
3-18 (1) the presiding officer of the appropriate house;
3-19 and
3-20 (2) the state agency that adopted or proposed the
3-21 rule.
3-22 (g) If a committee recommends that the presiding officer
3-23 request the governor to suspend a rule or proposed rule, the chair
3-24 of the committee shall give written notice of the committee
3-25 recommendation to each member of the house of the legislature of
3-26 which the committee is a part not later than the 10th day after the
3-27 date the action is taken. Not later than the 10th day after the
4-1 date of the committee action, a member of that house may file a
4-2 written objection to or statement of support for the committee's
4-3 action with the presiding officer of that house.
4-4 (h) Not later than the 10th day after the date the presiding
4-5 officer receives notice that a committee has recommended that the
4-6 presiding officer request the governor to suspend a rule or
4-7 proposed rule, the presiding officer may request the governor to do
4-8 so. In making a decision under this subsection, the presiding
4-9 officer shall consider any objections or statements of support
4-10 filed by members of the house under Subsection (g). If the
4-11 presiding officer requests the governor to suspend the rule or
4-12 proposed rule, the presiding officer shall give written notice of
4-13 the request to:
4-14 (1) the governor;
4-15 (2) the state agency that adopted or proposed the
4-16 rule;
4-17 (3) the secretary of state; and
4-18 (4) the presiding officer of the other house of the
4-19 legislature.
4-20 (i) On the request of the presiding officer of either house
4-21 of the legislature under this section, the governor by proclamation
4-22 may suspend a rule adopted or proposed by a state agency. The
4-23 governor shall consider the items listed in Subsection (b) and
4-24 shall state in the proclamation the grounds for suspension of the
4-25 rule or proposed rule. The governor must state in the proclamation
4-26 the date on which the suspension takes effect. The effective date
4-27 may not be earlier than the 30th day after the date of the
5-1 proclamation. Not later than the fifth day after the date of the
5-2 proclamation, the governor shall:
5-3 (1) deliver a certified copy of the proclamation to
5-4 the state agency that adopted or proposed the rule; and
5-5 (2) file notice of the proclamation with the secretary
5-6 of state for publication in the Texas Register.
5-7 (j) When a rule or proposed rule is suspended under this
5-8 section, the state agency that adopted or proposed the rule may not
5-9 adopt a rule containing the substance of the suspended rule before
5-10 the second anniversary of the date the suspension takes effect,
5-11 unless the governor by proclamation consents to adoption of the
5-12 rule. On or after the second anniversary, the state agency may
5-13 adopt the same rule or a rule containing the substance of the
5-14 suspended rule as provided by this subchapter.
5-15 SECTION 2. Subchapter B, Chapter 2001, Government Code, is
5-16 amended by adding Section 2001.0322 to read as follows:
5-17 Sec. 2001.0322. AGENCY RULES REVIEW ADVISORY COMMITTEE. (a)
5-18 The Agency Rules Review Advisory Committee is established.
5-19 (b) The committee is composed of the following members or
5-20 their designees:
5-21 (1) the governor;
5-22 (2) the lieutenant governor;
5-23 (3) the speaker of the house of representatives;
5-24 (4) the executive director of the Sunset Advisory
5-25 Commission; and
5-26 (5) the executive director of the Texas Legislative
5-27 Council.
6-1 (c) The committee shall consider possible approaches to
6-2 legislative review of rules promulgated by state agencies and
6-3 provide a recommendation for action in a report to the legislature
6-4 not later than November 1, 1998.
6-5 (d) The staff of the members of the committee shall serve as
6-6 staff for the committee and the offices of the members of the
6-7 committee shall provide all other necessary support to the
6-8 committee. No other public money may be appropriated or spent to
6-9 support the work of the committee.
6-10 (e) This section expires August 31, 1999.
6-11 SECTION 3. Section 2001.032, Government Code, is repealed.
6-12 SECTION 4. The importance of this legislation and the
6-13 crowded condition of the calendars in both houses create an
6-14 emergency and an imperative public necessity that the
6-15 constitutional rule requiring bills to be read on three several
6-16 days in each house be suspended, and this rule is hereby suspended,
6-17 and that this Act take effect and be in force from and after its
6-18 passage, and it is so enacted.