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78R2829 JSA-D
By: Ellis H.B. No. 2041
A BILL TO BE ENTITLED
AN ACT
relating to legislative review and gubernatorial suspension of
certain rules of state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2001, Government Code, is
amended by adding Section 2001.0321 to read as follows:
Sec. 2001.0321. INDEPENDENT REVIEW OF RULES; SUSPENSION OF
RULE BY GOVERNOR. (a) The chair of any standing committee of either
house of the legislature may request the presiding officer of that
house to initiate an independent review of a rule proposed or
adopted by a state agency, including an emergency rule, unless the
rule has been in effect for more than 180 days. An author or sponsor
of legislation that enacted a law under which a rule or proposed
rule is authorized may request the presiding officer of the same
house as the requesting author or sponsor to initiate that review.
Not later than the 10th day after the date the request is made, the
presiding officer shall:
(1) notify the petitioning chair or requesting author
or sponsor whether the review will be conducted; and
(2) refer the rule to the appropriate standing
committee if the presiding officer determines that a review of the
rule is appropriate.
(b) A standing committee shall review any proposed or
adopted rule referred to it. The committee may hold a public hearing
or a meeting on the rule or proposed rule. In reviewing a rule or
proposed rule, the committee shall consider:
(1) whether the rule is authorized by law and is
consistent with the intent and scope of the authorizing law;
(2) whether the rule complies with all other
applicable law; and
(3) whether the rule can be justified when compared to
available alternatives that would satisfy the legislative intent of
the authorizing law and requirements of other applicable law on the
basis of:
(A) cost to the state and to persons affected by
the rule; and
(B) the burden the rule places on the public or
persons affected by the rule.
(c) A committee by majority vote of the membership of the
committee may recommend to the presiding officer of the appropriate
house that the presiding officer request the governor to suspend
the rule or proposed rule.
(d) The committee may meet by telephone conference call to
consider a rule or proposed rule under this section. The notice of
the meeting must specify as the location of the meeting at least one
location at which facilities must be provided to make the meeting
audible to the public. The meeting shall be recorded on audiotape
and the tape recordings shall be made available to the public.
(e) As an alternative to holding a meeting on the question,
the chair of the committee may notify the members of the committee
that a rule or proposed rule has been referred to the committee and
provide each member with a ballot to permit voting for, voting
against, or participating and not voting on whether the committee
shall recommend that the presiding officer request the governor to
suspend the rule or proposed rule. The chair shall give each member
an opportunity to vote or participate by mail or by facsimile
transmission of a marked ballot. Any deliberation among the
members of the committee must be in writing, occur in public
meeting, or occur in a telephone conference call as provided by
Subsection (d).
(f) If the committee recommends that the presiding officer
request the governor to suspend the rule or proposed rule, the
chair, not later than the 10th day after the date the recommendation
is made, shall give written notice of the committee recommendation
to:
(1) the presiding officer of the appropriate house;
(2) the state agency that adopted or proposed the
rule; and
(3) each member of the house of the legislature that
established the committee.
(g) Not later than the 20th day after the date of the
committee action, a member of that house may file a written
objection to or statement of support for the committee's action
with the presiding officer of that house.
(h) Not later than the 20th day after the date the presiding
officer receives notice that a committee has recommended that the
presiding officer request the governor to suspend a rule or
proposed rule, the presiding officer may request the governor to do
so. In making a decision under this subsection, the presiding
officer shall consider any objections or statements of support
filed by members of the house under Subsection (g). If the
presiding officer requests the governor to suspend the rule or
proposed rule, the presiding officer shall give written notice of
the request to:
(1) the governor;
(2) the state agency that adopted or proposed the
rule;
(3) the secretary of state; and
(4) the presiding officer of the other house of the
legislature.
(i) On the request of the presiding officer of either house
of the legislature under this section, the governor by proclamation
may suspend a rule adopted or proposed by a state agency. The
governor shall consider the items listed in Subsection (b) and
shall state in the proclamation the grounds for suspension of the
rule or proposed rule. The governor must state in the proclamation
the date on which the suspension takes effect. The effective date
may not be earlier than the 30th day after the date of the
proclamation. Not later than the fifth day after the date of the
proclamation, the governor shall:
(1) deliver a certified copy of the proclamation to
the state agency that adopted or proposed the rule; and
(2) file notice of the proclamation with the secretary
of state for publication in the Texas Register.
(j) When a rule or proposed rule is suspended under this
section, the state agency that adopted or proposed the rule may not
adopt a rule containing the substance of the suspended rule before
the second anniversary of the date the suspension takes effect,
unless the governor by proclamation consents to adoption of the
rule. On or after the second anniversary, the state agency may
adopt the same rule or a rule containing the substance of the
suspended rule as provided by this subchapter.
SECTION 2. Section 2001.032, Government Code, is repealed.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.