By West                                                H.B. No. 129
         77R861 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to state compliance with federal guidelines and
 1-3     requirements.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Title 7, Government Code, is amended by adding
 1-6     Chapter 743 to read as follows:
 1-7              CHAPTER 743. STATE REGULATORY RESPONSIBILITY ACT
 1-8           Sec. 743.001.  SHORT TITLE. This chapter may be cited as the
 1-9     State Regulatory Responsibility Act.
1-10           Sec. 743.002.  PURPOSE. The purpose of this chapter is to
1-11     instruct state agencies  and other state governmental entities to
1-12     determine when to:
1-13                 (1)  comply with a federal guideline;
1-14                 (2)  submit to federal preemption; and
1-15                 (3)  comply with a federal regulatory mandate.
1-16           Sec. 743.003.  COMPLIANCE WITH FEDERAL GUIDELINES AND
1-17     REQUIREMENTS. A state agency or other state governmental entity may
1-18     not comply with a guideline or requirement of a federal agency if
1-19     the guideline or requirement is not consistent with state law,
1-20     unless the federal guideline or requirement is clearly expressed in
1-21     a federal statute or a federal substantive rule adopted in
1-22     compliance with the Administrative Procedure Act (5 U.S.C. Section
1-23     551 et seq.).
1-24           Sec. 743.004.  SUBMISSION TO FEDERAL PREEMPTION. A state
 2-1     agency or other state governmental entity may not fail to implement
 2-2     a state law, rule, or order because of federal preemption unless
 2-3     the agency or other entity receives an opinion from the attorney
 2-4     general that federal preemption is required by the United States
 2-5     Constitution.
 2-6           Sec. 743.005.  COMPLIANCE WITH FEDERAL REGULATORY MANDATES.
 2-7     (a)  A state agency or other state governmental entity may not
 2-8     comply with a federal regulatory mandate that requires any state
 2-9     action protected against federal compulsion by the Tenth Amendment
2-10     or any other provision of the United States Constitution unless the
2-11     state agrees to act as a condition of:
2-12                 (1)  receipt of federal funds; or
2-13                 (2)  delegation of a federal program.
2-14           (b)  An ambiguity in a condition under Subsection (a) shall
2-15     be construed to avoid federal control of a state governmental
2-16     function.
2-17           (c)  A state agency or other state governmental entity may
2-18     not agree to a condition under Subsection (a) unless:
2-19                 (1)  any necessary federal funds are adequate to pay
2-20     for the costs of implementing the program;
2-21                 (2)  the agency or other entity has express authority
2-22     under state law to implement the program; and
2-23                 (3)  the act does not conflict with state law.
2-24           SECTION 2. This Act takes effect immediately if it receives a
2-25     vote of two-thirds of all the members elected to each house, as
2-26     provided by Section 39, Article III, Texas Constitution.  If this
2-27     Act does not receive the vote necessary for immediate effect, this
 3-1     Act takes effect September 1, 2001.