H.B. 2041 78(R)    BILL ANALYSIS


H.B. 2041
By: Ellis
State Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, under Section 2001.032 of the Government Code, each house of
the legislature must establish a process by which the presiding officer of
each house refers proposed state agency rules to the appropriate standing
committee for review of the rules before adoption.  Once the committee has
heard the proposed rule and a majority of its members vote on it they may
send a statement of support or opposition of adoption of the rule to the
agency.  Through the present system of rule review the original intent of
the author or sponsor is sometimes misinterpreted and therefore
implemented in a way that does not achieve the author's or sponsor's
desired results.  The purpose of House Bill 2041 is to create a more
stringent process of rule review in order to help ensure that the rule is
consistent with the legislative intent of the author and sponsor.  

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly
delegate any additional rulemaking authority to a state officer,
department, agency, or institution.  

ANALYSIS

House Bill 2041 adds Section 2001.0321 to the Government Code pertaining
to independent review of agency rules and the suspension of those rules by
the governor.  The bill authorizes the chair of any standing committee of
either house of the legislature, or the author or sponsor of legislation
that enacted a law under which a rule or proposed rule is authorized, to
request the presiding officer of that house to initiate an independent
review of a proposed or adopted state agency rule, including an emergency
rule, unless the rule has been in effect for more than 180 days.  Upon
such a request, the bill requires the presiding officer to timely notify
the petitioning chair or requesting author or sponsor concerning whether
the review will be conducted, and timely refer the rule to the appropriate
standing committee if a determination is made that such review is
appropriate.  

House Bill 2041 establishes detailed timelines, procedures, and criteria
for standing committee review of a rule or proposed rule.  After such
review, the committee  may by majority vote recommend to the presiding
officer of the appropriate house that the governor be requested to suspend
the rule or proposed rule.  If the presiding officer decides to make such
a request, the bill sets out a detailed mechanism for making the request. 

House Bill 2041 sets out the criteria and the mechanism to be used, and
the timelines to be followed, by the governor if the governor decides to
suspend a rule adopted or proposed by a state agency.  The bill also
establishes procedures and timelines to be followed by a state agency in
the event the governor suspends a rule or proposed rule.  

House Bill 2041 repeals Section 2001.032 (Legislative Review) of the
Government Code. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.