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