By: Duncan S.B. No. 1636
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the requirements for state agency orders adopting rules
1-2 and substantial compliance with those requirements.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2001.030, Government Code, is repealed.
1-5 SECTION 2. Section 2001.033, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 2001.033. State Agency Order Adopting Rule. A state
1-8 agency order finally adopting a rule must include:
1-9 (1) a reasoned justification for [of] the rule as a
1-10 whole comprised solely of[, including]:
1-11 (A) a summary of comments received from parties
1-12 interested in the rule that shows the names of interested groups or
1-13 associations offering comment on the rule and whether they were for
1-14 or against its adoption;
1-15 (B) a summary [restatement] of the [rule's]
1-16 factual basis for the rule as adopted; and
1-17 (C) the reasons why the agency disagrees with
1-18 party submissions and proposals;
1-19 (2) a concise restatement of the particular statutory
1-20 provisions under which the rule is adopted and of how the agency
1-21 interprets the provisions as authorizing or requiring the rule; and
1-22 (3) a certification that the rule, as adopted, has
1-23 been reviewed by legal counsel and found to be a valid exercise of
2-1 the agency's legal authority.
2-2 SECTION 3. Section 2001.035, Government Code, is amended to
2-3 read as follows:
2-4 Sec. 2001.035. Substantial Compliance Requirement; Time
2-5 Limit on Procedural Challenge. (a) A rule [adopted after January
2-6 1, 1976,] is voidable [not valid] unless a state agency adopts it
2-7 in substantial compliance with Sections 2001.023 through 2001.034.
2-8 (b) A person must initiate a proceeding to contest a rule on
2-9 the ground of noncompliance with the procedural requirements of
2-10 Sections 2001.023 through 2001.034 not later than the second
2-11 anniversary of the effective date of the rule.
2-12 (c) An agency substantially complies with the requirements
2-13 of Section 2001.033 if its reasoned justification demonstrates in a
2-14 relatively clear and logical fashion that the rule is a reasonable
2-15 means to a legitimate objective.
2-16 (d) Mere technical defects which do not result in prejudice
2-17 to a party's rights or privileges are not grounds for invalidation
2-18 of a rule.
2-19 SECTION 4. This Act takes effect September 1, 1997, and
2-20 applies to all rules adopted on or after January 1, 1996.
2-21 SECTION 5. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.