SRC-MWN H.B. 1430 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1430
77R3970 JRD-FBy: Danburg (Gallegos)
State Affairs
5/8/2001
Engrossed


DIGEST AND PURPOSE 

The Texas Administrative Code (administrative code) is the compilation of
all state agency rules in Texas. The administrative code was created by the
Texas Legislature under the Administrative Code Act and the legislature
directed the Office of the Secretary of State to compile, index, and
publish the administrative code. Rules adopted by abolished agencies or
rules declared invalid by a final court judgment may still appear in the
code. As a result, there are concerns that the code has become cluttered
with unnecessary and obsolete rules.  H.B.1430 requires the secretary of
state to remove a state agency's rules from the administrative code after
the agency has been abolished, if the rules have been declared invalid, or
if the legislature has transferred the abolished agency's rules to another
agency, and to transfer the rules to the appropriate place in the
administrative code.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 325.017(a), Government Code, to set forth that
unless the law provides otherwise, all rules that have been adopted by an
abolished state agency expire at the expiration of a specified one-year
period. 

SECTION 2. Amends Chapter 2002C, Government Code, by adding Section
2002.058, as follows: 

Sec. 2002.058. OBSOLETE OR INVALID RULES. (a) Requires the secretary of
state, unless the law provides otherwise, to remove a state agency's rules
from the administrative code after the agency has been abolished. Requires
the secretary of state, if the legislature transfers the abolished agency's
rules to another state agency, to transfer the rules to the appropriate
place in the administrative code. 

(b) Requires a state agency to repeal a rule that has been declared invalid
by a final court judgement. Sets forth that for purposes of this
subsection, a court judgement is not considered final during the time that
the judgement may be reversed by an appellate court. 

SECTION 3. Effective date: September 1, 2001.