1-1     By:  Danburg (Senate Sponsor - Gallegos)              H.B. No. 1430
 1-2           (In the Senate - Received from the House April 4, 2001;
 1-3     April 9, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 8, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to providing for the automatic expiration of the rules of
 1-9     an abolished state agency and for the repeal of invalid rules.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 325.017(a), Government Code, is amended to
1-12     read as follows:
1-13           (a)  A state agency that is abolished in an odd-numbered year
1-14     may continue in existence until September 1 of the following year
1-15     to conclude its business.  Unless the law provides otherwise,
1-16     abolishment does not reduce or otherwise limit the powers and
1-17     authority of the state agency during the concluding year.  A state
1-18     agency is terminated and shall cease all activities at the
1-19     expiration of the one-year period. Unless the law provides
1-20     otherwise, all rules that have been adopted by the state agency
1-21     expire at the expiration of the one-year period.
1-22           SECTION 2.  Subchapter C, Chapter 2002, Government Code, is
1-23     amended by adding Section 2002.058 to read as follows:
1-24           Sec. 2002.058.  OBSOLETE OR INVALID RULES. (a)  Unless the
1-25     law provides otherwise, the secretary of state shall remove a state
1-26     agency's rules from the administrative code after the agency has
1-27     been abolished.  If the legislature transfers the abolished
1-28     agency's rules to another state agency, the secretary of state
1-29     shall transfer the rules to the appropriate place in the
1-30     administrative code.
1-31           (b)  A state agency shall repeal a rule that has been
1-32     declared invalid by a final court judgment.  For purposes of this
1-33     subsection, a court judgment is not considered final during the
1-34     time that the judgment may be reversed by an appellate court.
1-35           SECTION 3.  This Act takes effect September 1, 2001.
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