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.