1-1 By: Duncan S.B. No. 1636
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 18, 1997, reported favorably by the following vote: Yeas 13,
1-5 Nays 0; April 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the requirements for state agency orders adopting rules
1-9 and substantial compliance with those requirements.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2001.030, Government Code, is repealed.
1-12 SECTION 2. Section 2001.033, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 2001.033. State Agency Order Adopting Rule. (a) A
1-15 state agency order finally adopting a rule must include:
1-16 (1) a reasoned justification for [of] the rule as a
1-17 whole comprised solely of[, including]:
1-18 (A) a summary of comments received from parties
1-19 interested in the rule that shows the names of interested groups or
1-20 associations offering comment on the rule and whether they were for
1-21 or against its adoption;
1-22 (B) a summary [restatement] of the [rule's]
1-23 factual basis for the rule as adopted; and
1-24 (C) the reasons why the agency disagrees with
1-25 party submissions and proposals;
1-26 (2) a concise restatement of the particular statutory
1-27 provisions under which the rule is adopted and of how the agency
1-28 interprets the provisions as authorizing or requiring the rule; and
1-29 (3) a certification that the rule, as adopted, has
1-30 been reviewed by legal counsel and found to be a valid exercise of
1-31 the agency's legal authority.
1-32 (b) Administrative convenience may be an appropriate
1-33 justification for a rule.
1-34 SECTION 3. Section 2001.035, Government Code, is amended to
1-35 read as follows:
1-36 Sec. 2001.035. Substantial Compliance Requirement; Time
1-37 Limit on Procedural Challenge. (a) A rule [adopted after January
1-38 1, 1976,] is voidable [not valid] unless a state agency adopts it
1-39 in substantial compliance with Sections 2001.023 through 2001.034.
1-40 (b) A person must initiate a proceeding to contest a rule on
1-41 the ground of noncompliance with the procedural requirements of
1-42 Sections 2001.023 through 2001.034 not later than the second
1-43 anniversary of the effective date of the rule.
1-44 (c) An agency substantially complies with the requirements
1-45 of Section 2001.033 if its reasoned justification demonstrates in a
1-46 relatively clear and logical fashion that the rule is a reasonable
1-47 means to a legitimate objective.
1-48 (d) Mere technical defects which do not result in prejudice
1-49 to a party's rights or privileges are not grounds for invalidation
1-50 of a rule.
1-51 SECTION 4. This Act takes effect September 1, 1997, and
1-52 applies to all rules adopted on or after January 1, 1996.
1-53 SECTION 5. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *