HBA-NIK H.B. 3124 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3124 By: Chisum State Affairs 4/6/1999 Introduced BACKGROUND AND PURPOSE Currently, there is no external body that validates the statements published by state agencies regarding the impact of new rules. Unless an interested party contests the rules, the agency's analysis is accepted. H.B. 3124 requires agencies to deliver a copy of their proposed rules to certain state agencies for approval. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 2001, Government Code, by adding Section 2001.0265, as follows: Sec. 2001.0265. NOTICE TO COMPTROLLER AND OTHER OFFICES AND AGENCIES. (a) Requires a state agency to deliver a copy of the notice to the comptroller, the secretary of state, the Legislative Budget Board, the Sunset Advisory Commission, the Texas Department of Economic Development, and the state auditor on the day that the state agency files notice of a proposed rule with the secretary of state under Section 2001.023 (Notice of Proposed Rule). Authorizes the state agency to deliver the notices by hand or by electronic mail or facsimile transmission. (b) Requires the offices and agencies receiving a copy of the notice under this section to determine within the 30-day period prescribed by Section 2001.023 whether the proposed rule is within the authority of the state agency to adopt and whether the proposed rule's fiscal note and note about public benefits and costs correctly describe the probable effect of the rule. Authorizes the comptroller, after consulting the other offices and agencies and within the 30-day period, to return the rule to the proposing state agency for reconsideration if the comptroller determines that the rule as proposed exceeds the agency's rulemaking authority or that the proposed rule's fiscal note and note about public benefits and costs incorrectly describe the probable effect of the rule. (c) Prohibits the state agency from adopting the rule if the comptroller returns the rule under Subsection (b). Authorizes the state agency to publish notice of a revised proposed rule in accordance with Section 2001.023, Section 2001.024 (Content of Notice), this section, and other applicable provisions of this subchapter. SECTION 2. Effective date: September 1, 1999. Provides that the change in law made by this Act applies only to a proposed state agency rule for which notice is filed with the secretary of state under Section 2001.023, Government Code, on or after that date. SECTION 3. Emergency clause.