1-1 By: Ellis S.B. No. 794
1-2 (In the Senate - Filed March 2, 1999; March 3, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 23, 1999, reported favorably by the following vote: Yeas 8,
1-5 Nays 0; April 23, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the periodic review and expiration of state agency
1-9 rules in coordination with the sunset review process and to certain
1-10 other aspects of state agency rulemaking.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter B, Chapter 2001, Government Code, is
1-13 amended by adding Section 2001.039 to read as follows:
1-14 Sec. 2001.039. AGENCY REVIEW OF EXISTING RULES; EXPIRATION
1-15 OF RULES. (a) A state agency shall review and consider for
1-16 readoption each of its rules in accordance with this section.
1-17 (b) A state agency that is scheduled for review by the
1-18 Sunset Advisory Commission in accordance with Chapter 325 shall
1-19 review and consider for readoption each of its rules during the
1-20 four-year period preceding the date on which the agency is
1-21 scheduled to be abolished if it is not continued in existence as
1-22 provided by Chapter 325. A state agency that is scheduled for
1-23 review by the Sunset Advisory Commission in accordance with Chapter
1-24 325 but that is not scheduled to be abolished shall review and
1-25 consider for readoption each of its rules during the four-year
1-26 period preceding the September 1 following the regular session
1-27 during which the legislature would be expected to consider the
1-28 results of the scheduled sunset review of the agency. A state
1-29 agency that is not scheduled for review by the Sunset Advisory
1-30 Commission in accordance with Chapter 325 shall review and consider
1-31 for readoption each of its rules during a four-year period every 12
1-32 years beginning with the four-year period during which state
1-33 agencies scheduled to be abolished on September 1, 2013, in
1-34 connection with the sunset review process, review their rules.
1-35 (c) Each state agency by rule shall provide that each of the
1-36 agency's rules expires on the September 1 immediately following the
1-37 four-year period during which the agency is required to review its
1-38 rules under Subsection (b).
1-39 (d) If the legislature changes the date on which a state
1-40 agency is scheduled to be abolished in connection with the sunset
1-41 review process prescribed by Chapter 325, or changes the time
1-42 during which a state agency that is not scheduled to be abolished
1-43 is scheduled to be reviewed in accordance with Chapter 325, the
1-44 agency shall accordingly adjust the period during which it reviews
1-45 its rules under Subsection (b) and by rule shall accordingly change
1-46 the date on which its rules are scheduled to expire under
1-47 Subsection (c).
1-48 (e) The state agency shall readopt a rule, readopt a rule
1-49 with amendments, or allow a rule to expire as the result of
1-50 reviewing the rule under this section.
1-51 (f) The procedures of this subchapter relating to the
1-52 original adoption of a rule apply to the review of a rule and to
1-53 any resulting readoption or readoption with amendments of the rule,
1-54 except as provided by this subsection and Subsection (g).
1-55 Publishing the Texas Administrative Code citation to a rule under
1-56 review satisfies the requirements of this subchapter relating to
1-57 publishing the text of the rule unless the agency readopts the rule
1-58 with amendments as a result of the review.
1-59 (g) An amendment only to the expiration date of a rule does
1-60 not require publishing the text of the rule that is being scheduled
1-61 for expiration.
1-62 (h) A state agency's review of a rule must include an
1-63 assessment of whether the reasons for initially adopting the rule
1-64 continue to exist. The review must also include an assessment of
2-1 whether the agency still needs all the information required under
2-2 any agency rule that requires reports to the agency by persons
2-3 regulated by the agency and, if so, whether the agency needs the
2-4 reports as often as the rule requires.
2-5 SECTION 2. Section 2001.024, Government Code, is amended by
2-6 adding Subsection (d) to read as follows:
2-7 (d) The text of the proposed rule should be written in plain
2-8 language. The rule should be well organized.
2-9 SECTION 3. Subsections (a) and (b), Section 2001.036,
2-10 Government Code, are amended to read as follows:
2-11 (a) A rule takes effect 20 days after the date on which it
2-12 is filed in the office of the secretary of state, except that:
2-13 (1) if a later date is required by statute or
2-14 specified in the rule, the later date is the effective date;
2-15 (2) if a state agency finds that an expedited
2-16 effective date is necessary because of imminent peril to the public
2-17 health, safety, or welfare, and subject to applicable
2-18 constitutional or statutory provisions, a rule is effective
2-19 immediately on filing with the secretary of state, or on a stated
2-20 date less than 20 days after the filing date; [and]
2-21 (3) if a state agency did not receive any public
2-22 comment concerning the proposed rule after notice of the proposed
2-23 rule was published in the Texas Register, the text of the rule as
2-24 adopted is identical to the text of the proposed rule as published
2-25 in the Texas Register, and the agency considers the rule to be
2-26 noncontroversial, the agency may prescribe that the rule is
2-27 effective on a stated date, less than 20 days after the filing
2-28 date, that occurs after the adopted rule has been filed with the
2-29 secretary of state and after notice of the filing of the adopted
2-30 rule and of the rule's accelerated effective date is published in
2-31 the Texas Register; and
2-32 (4) if a federal statute or regulation requires that a
2-33 state agency implement a rule by a certain date, the rule is
2-34 effective on the prescribed date.
2-35 (b) A state agency shall file with its rule the finding
2-36 described by Subsection (a)(2), if applicable, and a brief
2-37 statement of the reasons for the finding. The agency shall include
2-38 in its order adopting a rule that will have an accelerated
2-39 effective date under Subsection (a)(3) the date that the rule will
2-40 take effect and a statement that the rule meets the requirements of
2-41 Subsection (a)(3). The agency shall take appropriate measures to
2-42 make emergency rules and other rules with an accelerated effective
2-43 date known to persons who may be affected by them.
2-44 SECTION 4. The duties prescribed by this section apply only
2-45 to state agency rules that are in effect on September 1, 1999, and
2-46 that have not already been reviewed in accordance with Section 167,
2-47 Article IX, Chapter 1452, Acts of the 75th Legislature, Regular
2-48 Session, 1997 (General Appropriations Act). A state agency shall
2-49 review each of those rules in accordance with the provisions of
2-50 Section 2001.039, Government Code, as added by this Act, that do
2-51 not apply to the timing of the review, and in accordance with this
2-52 section, not later than August 31, 2001. Not later than August 31,
2-53 2000, each state agency shall develop and send to the secretary of
2-54 state for publication in the Texas Register a plan under which the
2-55 agency will review its existing rules under this section. The plan
2-56 must state for each of those rules the date by which the agency
2-57 will begin the review.
2-58 SECTION 5. This Act takes effect September 1, 1999.
2-59 SECTION 6. The importance of this legislation and the
2-60 crowded condition of the calendars in both houses create an
2-61 emergency and an imperative public necessity that the
2-62 constitutional rule requiring bills to be read on three several
2-63 days in each house be suspended, and this rule is hereby suspended.
2-64 * * * * *