SRC-VRA, TJG S.B. 95 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 95
78R1345 JRD-DBy: West, Royce
Government Orginization
2/24/2003
As Filed


DIGEST AND PURPOSE 

Currently, state agencies engaged in rulemaking do not consider
legislative intent through an examination of the journal record.  Also,
regarding the rulemaking process, state agencies do not inform legislative
authors and sponsors of rules created from their prospective bills and the
agencies are only required to publish proposed rules related to
legislation in the Texas Register.  This leaves a potential gap between a
legislator's intent and the implementation of the resulting bill.  Since
rules written by an agency heavily influence the way a piece of
legislation affects Texas citizens, such rules should reflect the intent
of the original legislation.  However, under current law, agencies with
broad rulemaking authority can interpret legislation in a way that could
directly conflict with the intent of the legislator.  As proposed, S.B. 95
requires a state agency writing rules to review senate and house journals
for the discussions which occurred in both related to the law requiring
rule-making.  This bill also requires the state agency to inform each
author and sponsor of a pending rule at the agency; deliver a copy of the
rule to the member at least seven days before final adoption of the rule;
ask for the member's comments; and invite the member to participate on any
advisory committee.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2001.032, Government Code, as follows:

Sec. 2001.032.  New heading: CONSIDERATION OF LEGISLATIVE INTENT.  Deletes
existing subsections [(a) although not specifically labeled in bill], (b),
and (c).   

(a) Provides that in this section, a reference to the law under which a
rule is or would be adopted includes a reference to the law that
authorizes a state agency to adopt the rule and to the law that the rule
would implement or enforce. 

(b) Requires a state agency, before giving notice of its intention to
adopt a rule under notice of appeal and content of notice, to take certain
actions, regarding legislative intent.  

(c) Requires the state agency to deliver a copy of the notice of the
proposed rule to each author and sponsor of the legislation with the
agency's filing of the notice with the secretary of state.  Requires the
state agency, not later than the seventh day before the date the agency
considers the rule for final adoption, to deliver to the member a copy of
the rules as proposed for final adoption if the text of the rule differs
from the text of the proposed rule under Section 2001.024 and requires the
agency to solicit comment from the member regarding the changed text of
the proposed rule.  Requires the state agency to take certain other
actions. 

(d) Requires the state agency to deliver a copy of an emergency rule
adopted under Section 2001.034 and the written reasons for its adoption to
each member of the  legislature described by Subsection (b)(3) with
respect to the law under which the emergency rule was adopted concurrently
with the agency's filing of the rule and the reasons for its adoption with
the secretary of state.  Requires the state agency, if the agency gives an
abbreviated notice or conducts a hearing in connection with the adoption
of the emergency rule, to promptly furnish the member with a copy of the
notice and the agency is required to timely inform the member of the time
and place of the hearing.  

SECTION 2.  Amends Section 2001.024(a), Government Code, by adding, to the
list of items required to be included in the notice of a proposed rule, a
certification that the state agency has compiled with Section 2001.032(b)
in connection with the proposed rule, citations to all the statements or
discussions of legislative intent described by Section 2001.032(b)(1) in
the journals of the senate and house of representatives, and a
certification that the proposed rule has been reviewed by legal counsel
and be found to be within the state agency's authority to adopt and
consistent with the intent of the legislature in enacting or otherwise
affecting the law under the rule would be adopted, as described by Section
2001.032(a). 

SECTION 3.  Amends Section 2001.033, Government Code, by making conforming
and nonsubstantive changes. 

SECTION 4.  Provides that the change in law made by this Act applies only
in certain instances.   

SECTION 5.  Effective date: September 1, 2003.