| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to legislative review and approval of state agency rules. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act may be cited as the Texas Legislative |
|
|
Review Act of 2017. |
|
|
SECTION 2. Subchapter B, Chapter 2001, Government Code, is |
|
|
amended by adding Section 2001.0321 to read as follows: |
|
|
Sec. 2001.0321. LEGISLATIVE APPROVAL OF PROPOSED RULES |
|
|
REQUIRED. (a) 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, other than an emergency 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. |
|
|
(b) 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. |
|
|
(c) 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. |
|
|
(d) 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. |
|
|
(e) Not later than the third day after the date a suspension |
|
|
is terminated under Subsection (c) or (d), 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. |
|
|
(f) 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 (b); |
|
|
(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. |
|
|
(g) During the time a proposed rule is suspended under this |
|
|
section, the state 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 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 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. |