Amend SB 382 by adding an appropriately numbered section to
read as follows:
      SECTION ____.  Subchapter A, Chapter 2001, Government Code,
is amended by adding Section 2001.006 to read as follows:
      Sec. 2001.006.  ACTIONS PREPARATORY TO IMPLEMENTATION OF
STATUTE OR RULE.  (a)  In this section:
            (1)  "State agency" means a department, board,
commission, committee, council, agency, office, or other entity in
the executive, legislative, or judicial branch of state government.
The term includes an institution of higher education as defined by
Section 61.003, Education Code, and includes those entities
excluded from the general definition of "state agency" under
Section 2001.003(7).
            (2)  Legislation is considered to have "become law" if
it has been passed by the legislature and:
                  (A)  the governor has approved it;
                  (B)  the governor has filed it with the secretary
of state, having neither approved nor disapproved it;
                  (C)  the time for gubernatorial action has
expired under Section 14, Article IV, Texas Constitution, the
governor having neither approved nor disapproved it; or
                  (D)  the governor has disapproved it and the
legislature has overridden the governor's disapproval in accordance
with Section 14, Article IV, Texas Constitution.
      (b)  In preparation for the implementation of legislation
that has become law but has not taken effect, a state agency may
adopt a rule or take other administrative action that the agency
determines is necessary or appropriate and  that the agency would
have been authorized to take had the legislation been in effect at
the time of the action.
      (c)  In preparation for the implementation of a rule that has
been finally adopted by a state agency but has not taken effect, a
state agency may take administrative action that the agency
determines is necessary or appropriate and that the agency would
have been authorized to take had the rule been in effect at the
time of the action.
      (d)  A rule adopted under Subsection (b) may not take effect
earlier than the legislation being implemented takes effect.
Administrative action taken under Subsection (b) or (c) may not
result in implementation or enforcement of the applicable
legislation or rule before the legislation or rule takes effect.