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A BILL TO BE ENTITLED
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AN ACT
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relating to legislative approval of state agency rules that take |
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effect during the two years preceding a regular legislative |
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session. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 2001, Government Code, is |
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amended by adding Section 2001.0321 to read as follows: |
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Sec. 2001.0321. LEGISLATIVE APPROVAL; EXPIRATION OF |
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UNAPPROVED RULE. (a) A state agency rule that takes effect during |
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the two calendar years preceding January 1 of the month in which a |
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regular session of the legislature convenes expires on the 90th day |
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following final adjournment of that regular session unless the |
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legislature passes a bill during the regular session or during a |
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subsequent special session that: |
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(1) approves the rule; and |
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(2) becomes law on or before the day on which the rule |
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expires. |
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(b) A state agency shall send to the presiding officer of |
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each house of the legislature not later than November 1 of each |
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even-numbered year a preliminary report that contains the name of |
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the agency, the text of each agency rule that took effect or that |
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has been adopted and that is subject to expiration under Subsection |
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(a), and a copy of the agency's order that finally adopted the rule. |
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The agency shall send to the presiding officer of each house of the |
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legislature not later than the first Monday after the date the |
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legislature convenes in regular session a final report that |
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contains the name of the agency, the text of each agency rule that |
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is subject to expiration under Subsection (a), and a copy of the |
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agency's order that finally adopted the rule. |
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(c) If a rule that expires under Subsection (a) amended or |
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repealed a prior rule, the text of the prior rule is revived as the |
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state agency's rule effective on the date that the unapproved rule |
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expires, to the extent that the text of the prior rule is still |
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consistent with the agency's rulemaking authority under law. |
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SECTION 2. This Act applies only to a state agency rule |
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that takes effect on or after January 1, 2015. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |