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.