SRC-DPW S.B. 382 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 382
76R4584 JRD-FBy: Duncan
State Affairs
2/8/1999
As Filed


DIGEST 

Currently, Texas law requires state agencies to provide a reasoned
justification for the adoption of rules. Texas law allows for nonspecified
considerations, in addition to those required by law, in providing a
reasoned justification.  This bill provides requirements for state agency
orders adopting rules and substantial compliance with rulemaking
requirements. 

PURPOSE

As proposed, S.B. 382 provides requirements for state agency orders
adopting rules and substantial compliance with rulemaking requirements. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2001.033, Government Code, to require a state
agency adopting a rule to include reasoned justification for the rule as a
whole consisting solely of certain information, including a summary, rather
than a restatement, of the basis for the rules adopted.  Makes
nonsubstantive changes. 

SECTION 2. Amends Section 2001.035, Government Code, to provide that a rule
is voidable unless adopted by a state agency.  Provides that compliance
requirements for Section 2001.033 are met if it is demonstrated that the
rule adopted is a reasonable means to a legitimate objective.  Provides
that technical defects are not grounds for invalidation of a rule.  Deletes
text which provides that a rule adopted after January 1, 1976 is not valid
unless adopted by an agency. 

SECTION 3. (a) Repealer: Section 2001.030, Government Code (Statement of
Reasons for or Against Adoption). 

 (b) Repealer: Sections 2 and 3, Chapter 1067, Acts of the 75th
Legislature, Regular Session, 1997. 

SECTION 4. Effective date: September 1, 1999.  Makes application of this
Act prospective to January 1, 1998.  Exempts challenges to a rule in a
court action brought before September 1, 1999. 

SECTION 5. Emergency clause.