By Chisum                                             H.B. No. 3124
         76R7381 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the review of state agency rules by the comptroller and
 1-3     certain other state offices and agencies.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 2001, Government Code, is
 1-6     amended by adding Section 2001.0265 to read as follows:
 1-7           Sec. 2001.0265.  NOTICE TO COMPTROLLER AND OTHER OFFICES AND
 1-8     AGENCIES.  (a)  On the day that a state agency files notice of a
 1-9     proposed rule with  the secretary of state under Section 2001.023,
1-10     the agency shall deliver a copy of the notice to the comptroller,
1-11     the secretary of state, the Legislative Budget Board, the Sunset
1-12     Advisory Commission, the Texas Department of Economic Development,
1-13     and the state auditor. The agency may deliver the notices by hand
1-14     or by electronic mail or facsimile transmission.
1-15           (b)  The offices and agencies receiving a copy of the notice
1-16     under this section shall determine within the 30-day period
1-17     prescribed by Section 2001.023  whether the proposed rule is within
1-18     the authority of the state agency to adopt and whether the proposed
1-19     rule's fiscal note and note about public benefits and costs
1-20     correctly describe the probable effect of the rule. The comptroller
1-21     may, after consulting the other offices and agencies and within the
1-22     30-day period, return the rule to the proposing state agency for
1-23     reconsideration if the comptroller determines that the rule as
1-24     proposed exceeds the agency's rulemaking authority or that the
 2-1     proposed rule's fiscal note and note about public benefits and
 2-2     costs incorrectly describe the probable effect of the rule.
 2-3           (c)  If the comptroller returns the rule under Subsection
 2-4     (b), the state agency may not adopt the rule. The state agency may
 2-5     publish notice of a revised proposed rule in accordance with
 2-6     Section 2001.023, Section 2001.024, this section, and other
 2-7     applicable provisions of this subchapter.
 2-8           SECTION 2.  This Act takes effect September 1, 1999. The
 2-9     change in law made by this Act applies only to a proposed state
2-10     agency rule for which notice is filed with the secretary of state
2-11     under Section 2001.023, Government Code, on or after that date.
2-12           SECTION 3.  The importance of this legislation and the
2-13     crowded condition of the calendars in both houses create an
2-14     emergency and an imperative public necessity that the
2-15     constitutional rule requiring bills to be read on three several
2-16     days in each house be suspended, and this rule is hereby suspended.