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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 state agency rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Texas Legislative |
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Review Act of 2017. |
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SECTION 2. Subchapter B, Chapter 2001, Government Code, is |
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amended by adding Section 2001.0361 to read as follows: |
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Sec. 2001.0361. LEGISLATIVE APPROVAL OF RULES. (a) A state |
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agency shall file, on the same day it files a rule with the |
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secretary of state under Section 2001.036, a copy of each rule, |
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other than an emergency 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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rule shall be referred to a standing committee in the same manner as |
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bills are referred, unless a house by rule provides for another |
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manner of referral of agency rules. Each rule must be referred to a |
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standing committee before the 10th day after the date the rule is |
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filed with the appropriate officer or employee of each house. |
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(b) Not later than the 30th day after the date a rule is |
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referred to a committee, the committee may elect to consider the |
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rule at a committee meeting and vote on the question of whether to |
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suspend the rule. A rule may be suspended only if at least |
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two-thirds of the full membership of both committees to which the |
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rule is referred vote to suspend the rule. If either committee |
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elects not to consider the rule within the period of time provided |
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by this subsection or does not vote to suspend the rule, the rule is |
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considered approved and, subject to Section 2001.036, may take |
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effect. If a rule is suspended under this subsection, the |
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committees shall, not later than the third day after the date the |
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rule is suspended: |
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(1) notify the state agency that adopted 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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(c) If a rule is suspended under Subsection (b) when the |
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legislature is in session, the chair of each 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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rule is suspended in committee, the members of that house shall vote |
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on the question of whether to uphold the committee's suspension of |
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the rule. Unless a majority of the members of each house vote to |
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uphold the committees' suspension, the suspension terminates and, |
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subject to Section 2001.036, the rule may take effect. |
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(d) If a rule is suspended under Subsection (b) 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 each |
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house during the first 10 days of the next regular legislative |
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session. Not later than the 30th day after the date the notice is |
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given, the members of each house shall vote on the question of |
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whether to uphold the committee's suspension of the rule. Unless a |
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majority of the members of each house vote to uphold the committees' |
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suspension, the suspension terminates and, subject to Section |
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2001.036, the rule may take effect. |
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(e) Not later than the third day after the date a suspension |
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is terminated under Subsection (c) or (d), the presiding officer of |
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each house shall: |
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(1) notify the state agency that adopted 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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(f) Notwithstanding Section 2001.036, a rule adopted by a |
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state agency that is suspended in both committees to which the rule |
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is referred under Subsection (b) may not take effect unless either |
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house of the legislature does not vote to uphold the committees' |
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suspension under Subsection (c) or (d). |
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(g) During the time a rule is suspended under this section, |
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the state agency that adopted the rule may not enforce a substantive |
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provision of the suspended rule or adopt a rule or emergency rule |
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containing the substance of the suspended rule. |
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SECTION 3. Section 2001.0361, Government Code, as added by |
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this Act, applies only to a proposed state agency rule for which |
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notice of the rule as proposed is first published in the Texas |
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Register under Section 2001.023, Government Code, on or after the |
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effective date of this Act. A rule for which notice is published |
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before the effective date of this Act is governed by the law in |
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effect when the notice was published, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. 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. |