By Ellis S.B. No. 794
76R3499 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the periodic review and expiration of state agency
1-3 rules in coordination with the sunset review process and to certain
1-4 other aspects of state agency rulemaking.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 2001, Government Code, is
1-7 amended by adding Section 2001.039 to read as follows:
1-8 Sec. 2001.039. AGENCY REVIEW OF EXISTING RULES; EXPIRATION
1-9 OF RULES. (a) A state agency shall review and consider for
1-10 readoption each of its rules in accordance with this section.
1-11 (b) A state agency that is scheduled for review by the
1-12 Sunset Advisory Commission in accordance with Chapter 325 shall
1-13 review and consider for readoption each of its rules during the
1-14 four year period preceding the date on which the agency is
1-15 scheduled to be abolished if it is not continued in existence as
1-16 provided by Chapter 325. A state agency that is scheduled for
1-17 review by the Sunset Advisory Commission in accordance with Chapter
1-18 325 but that is not scheduled to be abolished shall review and
1-19 consider for readoption each of its rules during the four year
1-20 period preceding the September 1 following the regular session
1-21 during which the legislature would be expected to consider the
1-22 results of the scheduled sunset review of the agency. A state
1-23 agency that is not scheduled for review by the Sunset Advisory
1-24 Commission in accordance with Chapter 325 shall review and consider
2-1 for readoption each of its rules during a four year period every 12
2-2 years beginning with the four year period during which state
2-3 agencies scheduled to be abolished on September 1, 2013, in
2-4 connection with the sunset review process, review their rules.
2-5 (c) Each state agency by rule shall provide that each of the
2-6 agency's rules expires on the September 1 immediately following the
2-7 four year period during which the agency is required to review its
2-8 rules under Subsection (b).
2-9 (d) If the legislature changes the date on which a state
2-10 agency is scheduled to be abolished in connection with the sunset
2-11 review process prescribed by Chapter 325, or changes the time
2-12 during which a state agency that is not scheduled to be abolished
2-13 is scheduled to be reviewed in accordance with Chapter 325, the
2-14 agency shall accordingly adjust the period during which it reviews
2-15 its rules under Subsection (b) and by rule shall accordingly change
2-16 the date on which its rules are scheduled to expire under
2-17 Subsection (c).
2-18 (e) The state agency shall readopt a rule, readopt a rule
2-19 with amendments, or allow a rule to expire as the result of
2-20 reviewing the rule under this section.
2-21 (f) The procedures of this subchapter relating to the
2-22 original adoption of a rule apply to the review of a rule and to
2-23 any resulting readoption or readoption with amendments of the rule,
2-24 except as provided by this subsection and Subsection (g).
2-25 Publishing the Texas Administrative Code citation to a rule under
2-26 review satisfies the requirements of this subchapter relating to
2-27 publishing the text of the rule unless the agency readopts the rule
3-1 with amendments as a result of the review.
3-2 (g) An amendment only to the expiration date of a rule does
3-3 not require publishing the text of the rule that is being scheduled
3-4 for expiration.
3-5 (h) A state agency's review of a rule must include an
3-6 assessment of whether the reasons for initially adopting the rule
3-7 continue to exist. The review must also include an assessment of
3-8 whether the agency still needs all the information required under
3-9 any agency rule that requires reports to the agency by persons
3-10 regulated by the agency, and if so, whether the agency needs the
3-11 reports as often as the rule requires.
3-12 SECTION 2. Section 2001.024, Government Code, is amended by
3-13 adding Subsection (d) to read as follows:
3-14 (d) The text of the proposed rule should be written in plain
3-15 language. The rule should be well organized.
3-16 SECTION 3. Sections 2001.036(a) and (b), Government Code,
3-17 are amended to read as follows:
3-18 (a) A rule takes effect 20 days after the date on which it
3-19 is filed in the office of the secretary of state, except that:
3-20 (1) if a later date is required by statute or
3-21 specified in the rule, the later date is the effective date;
3-22 (2) if a state agency finds that an expedited
3-23 effective date is necessary because of imminent peril to the public
3-24 health, safety, or welfare, and subject to applicable
3-25 constitutional or statutory provisions, a rule is effective
3-26 immediately on filing with the secretary of state, or on a stated
3-27 date less than 20 days after the filing date; [and]
4-1 (3) if a state agency did not receive any public
4-2 comment concerning the proposed rule after notice of the proposed
4-3 rule was published in the Texas Register, the text of the rule as
4-4 adopted is identical to the text of the proposed rule as published
4-5 in the Texas Register, and the agency considers the rule to be
4-6 noncontroversial, the agency may prescribe that the rule is
4-7 effective on a stated date, less than 20 days after the filing
4-8 date, that occurs after the adopted rule has been filed with the
4-9 secretary of state and after notice of the filing of the adopted
4-10 rule and of the rule's accelerated effective date is published in
4-11 the Texas Register; and
4-12 (4) if a federal statute or regulation requires that a
4-13 state agency implement a rule by a certain date, the rule is
4-14 effective on the prescribed date.
4-15 (b) A state agency shall file with its rule the finding
4-16 described by Subsection (a)(2), if applicable, and a brief
4-17 statement of the reasons for the finding. The agency shall include
4-18 in its order adopting a rule that will have an accelerated
4-19 effective date under Subsection (a)(3) the date that the rule will
4-20 take effect and a statement that the rule meets the requirements of
4-21 Subsection (a)(3). The agency shall take appropriate measures to
4-22 make emergency rules and other rules with an accelerated effective
4-23 date known to persons who may be affected by them.
4-24 SECTION 4. The duties prescribed by this section apply only
4-25 to state agency rules that are in effect on September 1, 1999, and
4-26 that have not already been reviewed in accordance with Section 167,
4-27 Article IX, Chapter 1452, Acts of the 75th Legislature, Regular
5-1 Session, 1997 (General Appropriations Act). A state agency shall
5-2 review each of those rules in accordance with the provisions of
5-3 Section 2001.039, Government Code, as added by this Act, that do
5-4 not apply to the timing of the review, and in accordance with this
5-5 section, not later than August 31, 2001. Not later than August 31,
5-6 2000, each state agency shall develop and send to the secretary of
5-7 state for publication in the Texas Register a plan under which the
5-8 agency will review its existing rules under this section. The plan
5-9 must state for each of those rules the date by which the agency
5-10 will begin the review.
5-11 SECTION 5. This Act takes effect September 1, 1999.
5-12 SECTION 6. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended.