85R8337 CJC-D
 
  By: Swanson H.B. No. 2017
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to legislative review and approval of certain state agency
  rules.
         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.  LEGISLATIVE APPROVAL OF CERTAIN PROPOSED
  RULES REQUIRED. (a) This section applies only to a rule proposed
  by a state agency:
               (1)  the implementation and administration of which is
  anticipated to have an economic impact of $20 million or more, as
  determined by the agency; and
               (2)  that is not an emergency rule.
         (b)  A state agency shall file, on the same day it files
  notice with the secretary of state as required by Section 2001.023,
  a copy of each proposed rule with the officer or employee with whom
  bills are filed in each house of the legislature. After filing, the
  proposed rule shall be referred to a standing committee in the same
  manner as bills are referred, unless a house by rule provides for
  another manner of referral of agency rules. Each proposed rule must
  be referred to a standing committee before the 10th day after the
  date the rule is filed with the appropriate officer or employee of
  each house.
         (c)  Not later than the 30th day after the date a proposed
  rule is referred to a committee, the committee shall consider the
  rule at a committee meeting and vote on the rule. A proposed rule is
  approved by the unanimous vote of the committee's full membership.
  If the committee does not approve a proposed rule by unanimous vote
  of the committee's full membership, the rule is suspended. If a
  proposed rule is suspended in committee, the committee shall, not
  later than the third day after the date the rule is suspended:
               (1)  notify the state agency that proposed the rule of
  the suspension; and
               (2)  file notice of the suspension with the secretary
  of state for publication in the Texas Register.
         (d)  If a proposed rule is suspended in committee when the
  legislature is in session, the chair of the committee shall give
  written notice of the suspension to the presiding officer of the
  appropriate house not later than the fifth day after the date the
  rule is suspended. Not later than the 35th day after the date the
  proposed rule is suspended in committee, the members of that house
  shall vote on the rule. If a majority of members of that house vote
  to approve the proposed rule, the rule is approved and the
  committee's suspension terminates. If a majority of members of
  that house do not vote to approve the proposed rule, the committee's
  suspension remains in effect.
         (e)  If a proposed rule is suspended in committee when the
  legislature is not in session, the secretary of state shall give
  written notice of the suspension to the presiding officer of the
  appropriate house during the first 10 days of the next regular
  legislative session. Not later than the 30th day after the date the
  notice is given, the members of that house shall vote on the
  proposed rule. If a majority of members of that house vote to
  approve the proposed rule, the rule is approved and the committee's
  suspension terminates. If a majority of members of that house do
  not vote to approve the proposed rule, the committee's suspension
  remains in effect.
         (f)  Not later than the third day after the date a suspension
  is terminated under Subsection (d) or (e), the presiding officer of
  the appropriate house shall:
               (1)  notify the state agency that proposed the rule of
  the suspension's termination; and
               (2)  file notice of the termination with the secretary
  of state for publication in the Texas Register.
         (g)  A state agency may adopt a proposed rule only if the
  rule:
               (1)  is approved by both committees to which it is
  referred as provided by Subsection (c);
               (2)  was suspended in committee in only one house of the
  legislature, and that house later votes to approve the rule; or
               (3)  was suspended in committee in both houses of the
  legislature, and both houses later vote to approve the rule.
         (h)  During the time a proposed rule is suspended under this
  section, the agency that proposed the rule may not adopt a rule or
  emergency rule containing the substance of the suspended rule.
         SECTION 2.  Section 2001.0321, Government Code, as added by
  this Act, applies only to a proposed state agency rule to which that
  section applies and for which notice of the rule as proposed is
  first published in the Texas Register under Section 2001.023,
  Government Code, on or after the effective date of this Act.  A rule
  to which Section 2001.0321, Government Code, as added by this Act,
  applies and for which notice is published before the effective date
  of this Act is governed by the law in effect when the notice was
  published, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect January 1, 2018, but only
  if the constitutional amendment proposed by the 85th Legislature,
  Regular Session, 2017, authorizing the legislature to provide for
  legislative review or approval of state agency rules is approved by
  the voters.  If that proposed constitutional amendment is not
  approved by the voters, this Act has no effect.