By Bailey H.B. No. 2626
77R2192 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to legislative review and gubernatorial suspension of
1-3 certain rules of state agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 2001, Government Code, is
1-6 amended by adding Section 2001.0321 to read as follows:
1-7 Sec. 2001.0321. INDEPENDENT REVIEW OF RULES; SUSPENSION OF
1-8 RULE BY GOVERNOR. (a) The chair of any standing committee of
1-9 either house of the legislature may request the presiding officer
1-10 of that house to initiate an independent review of a rule proposed
1-11 or adopted by a state agency, including an emergency rule, unless
1-12 the rule has been in effect for more than 180 days. An author or
1-13 sponsor of legislation that enacted a law under which a rule or
1-14 proposed rule is authorized may request the presiding officer of
1-15 the same house as the requesting author or sponsor to initiate that
1-16 review. Not later than the 10th day after the date the request is
1-17 made, the presiding officer shall:
1-18 (1) notify the petitioning chair or requesting author
1-19 or sponsor whether the review will be conducted; and
1-20 (2) refer the rule to the appropriate standing
1-21 committee if the presiding officer determines that a review of the
1-22 rule is appropriate.
1-23 (b) A standing committee shall review any proposed or
1-24 adopted rule referred to it. The committee may hold a public
2-1 hearing or a meeting on the rule or proposed rule. In reviewing a
2-2 rule or proposed rule, the committee shall consider:
2-3 (1) whether the rule is authorized by law and is
2-4 consistent with the intent and scope of the authorizing law;
2-5 (2) whether the rule complies with all other
2-6 applicable law; and
2-7 (3) whether the rule can be justified when compared to
2-8 available alternatives that would satisfy the legislative intent of
2-9 the authorizing law and requirements of other applicable law on the
2-10 basis of:
2-11 (A) cost to the state and to persons affected by
2-12 the rule; and
2-13 (B) the burden the rule places on the public or
2-14 persons affected by the rule.
2-15 (c) A committee by majority vote of the membership of the
2-16 committee may recommend to the presiding officer of the appropriate
2-17 house that the presiding officer request the governor to suspend
2-18 the rule or proposed rule.
2-19 (d) The committee may meet by telephone conference call to
2-20 consider a rule or proposed rule under this section. The notice of
2-21 the meeting must specify as the location of the meeting at least
2-22 one location at which facilities must be provided to make the
2-23 meeting audible to the public. The meeting shall be recorded on
2-24 audiotape and the tape recordings shall be made available to the
2-25 public.
2-26 (e) As an alternative to holding a meeting on the question,
2-27 the chair of the committee may notify the members of the committee
3-1 that a rule or proposed rule has been referred to the committee and
3-2 provide each member with a ballot to permit voting for, voting
3-3 against, or participating and not voting on whether the committee
3-4 shall recommend that the presiding officer request the governor to
3-5 suspend the rule or proposed rule. The chair shall give each
3-6 member an opportunity to vote or participate by mail or by
3-7 facsimile transmission of a marked ballot. Any deliberation among
3-8 the members of the committee must be in writing, occur in public
3-9 meeting, or occur in a telephone conference call as provided by
3-10 Subsection (d).
3-11 (f) If the committee recommends that the presiding officer
3-12 request the governor to suspend the rule or proposed rule, the
3-13 chair, not later than the 10th day after the date the
3-14 recommendation is made, shall give written notice of the committee
3-15 recommendation to:
3-16 (1) the presiding officer of the appropriate house;
3-17 (2) the state agency that adopted or proposed the
3-18 rule; and
3-19 (3) each member of the house of the legislature that
3-20 established the committee.
3-21 (g) Not later than the 20th day after the date of the
3-22 committee action, a member of that house may file a written
3-23 objection to or statement of support for the committee's action
3-24 with the presiding officer of that house.
3-25 (h) Not later than the 20th day after the date the presiding
3-26 officer receives notice that a committee has recommended that the
3-27 presiding officer request the governor to suspend a rule or
4-1 proposed rule, the presiding officer may request the governor to do
4-2 so. In making a decision under this subsection, the presiding
4-3 officer shall consider any objections or statements of support
4-4 filed by members of the house under Subsection (g). If the
4-5 presiding officer requests the governor to suspend the rule or
4-6 proposed rule, the presiding officer shall give written notice of
4-7 the request to:
4-8 (1) the governor;
4-9 (2) the state agency that adopted or proposed the
4-10 rule;
4-11 (3) the secretary of state; and
4-12 (4) the presiding officer of the other house of the
4-13 legislature.
4-14 (i) On the request of the presiding officer of either house
4-15 of the legislature under this section, the governor by proclamation
4-16 may suspend a rule adopted or proposed by a state agency. The
4-17 governor shall consider the items listed in Subsection (b) and
4-18 shall state in the proclamation the grounds for suspension of the
4-19 rule or proposed rule. The governor must state in the proclamation
4-20 the date on which the suspension takes effect. The effective date
4-21 may not be earlier than the 30th day after the date of the
4-22 proclamation. Not later than the fifth day after the date of the
4-23 proclamation, the governor shall:
4-24 (1) deliver a certified copy of the proclamation to
4-25 the state agency that adopted or proposed the rule; and
4-26 (2) file notice of the proclamation with the secretary
4-27 of state for publication in the Texas Register.
5-1 (j) When a rule or proposed rule is suspended under this
5-2 section, the state agency that adopted or proposed the rule may not
5-3 adopt a rule containing the substance of the suspended rule before
5-4 the second anniversary of the date the suspension takes effect,
5-5 unless the governor by proclamation consents to adoption of the
5-6 rule. On or after the second anniversary, the state agency may
5-7 adopt the same rule or a rule containing the substance of the
5-8 suspended rule as provided by this subchapter.
5-9 SECTION 2. Section 2001.032, Government Code, is repealed.
5-10 SECTION 3. This Act takes effect immediately if it receives
5-11 a vote of two-thirds of all the members elected to each house, as
5-12 provided by Section 39, Article III, Texas Constitution. If this
5-13 Act does not receive the vote necessary for immediate effect, this
5-14 Act takes effect September 1, 2001.