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.