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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure by which a state agency considers |
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legislative intent when adopting an agency rule. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.032, Government Code, is amended to |
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read as follows: |
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Sec. 2001.032. CONSIDERATION OF LEGISLATIVE INTENT |
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[REVIEW]. (a) In this section, a reference to the law under which a |
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rule is or would be adopted includes a reference to the law that |
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authorizes a state agency to adopt the rule and to the law that the |
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rule would implement or enforce. |
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(b) Before a state agency gives notice of its intention to |
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adopt a rule under Sections 2001.023 and 2001.024, the agency must |
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inform each author and sponsor of legislation that became law and |
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that added, amended, or clearly affected the law under which the |
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rule would be adopted, if the person is still a member of the |
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legislature, that the adoption of a rule related to the member's |
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legislation is being considered. |
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(c) The state agency shall deliver a copy of the notice of |
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the proposed rule required by Sections 2001.023 and 2001.024 to |
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each member of the legislature described by Subsection (b) |
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concurrently with the agency's filing of the notice with the |
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secretary of state. Not later than the seventh day before the date |
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the state agency considers the rule for final adoption, the agency |
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shall deliver to the member a copy of the rule as proposed for final |
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adoption if the text of the rule differs from the text of the |
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proposed rule published under Section 2001.024 and shall solicit |
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comment from the member regarding the changed text of the proposed |
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rule. The state agency shall: |
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(1) timely inform the member of the time and place of |
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any public hearing or informal conference held in connection with |
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the proposed rule and allow the member to participate; and |
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(2) invite the member to participate as a member of any |
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advisory committee the state agency appoints in connection with the |
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proposed rule. |
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(d) The state agency shall deliver a copy of an emergency |
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rule adopted under Section 2001.034 and the written reasons for its |
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adoption to each member of the legislature described by Subsection |
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(b) with respect to the law under which the emergency rule was |
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adopted concurrently with the agency's filing of the rule and the |
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reasons for its adoption with the secretary of state. If the state |
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agency gives an abbreviated notice or conducts a hearing in |
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connection with the adoption of the emergency rule, the agency |
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shall promptly provide to the member a copy of the notice and shall |
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timely inform the member of the time and place of any hearing. |
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(e) If a dispute arises between the state agency and a |
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member of the legislature described by Subsection (b) with regard |
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to the legislature's intent in enacting or otherwise affecting the |
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law under which the rule would be adopted, the state agency or the |
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member may request the attorney general to issue an opinion to |
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resolve the dispute. If an opinion is requested under this |
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subsection before the date on which the rule would otherwise take |
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effect, the rule may not take effect unless the attorney general |
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issues an opinion that determines the rule as finally proposed for |
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adoption is consistent with the legislature's intent in enacting or |
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otherwise affecting the law under which the rule would be adopted. |
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[Each house of the legislature by rule shall establish a process
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under which the presiding officer of each house refers each
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proposed state agency rule to the appropriate standing committee
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for review before the rule is adopted.
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[(b)
On receiving a written request from the lieutenant
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governor, a member of the legislature, or a legislative agency, the
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secretary of state shall provide the requestor with electronic
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notification of rulemaking filings by a state agency under Section
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2001.023.
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[(c)
On the vote of a majority of its members, a standing
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committee may send to a state agency a statement supporting or
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opposing adoption of a proposed rule.] |
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SECTION 2. Section 402.042(b), Government Code, is amended |
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to read as follows: |
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(b) An opinion may be requested by: |
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(1) the governor; |
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(2) the head of a department of state government; |
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(3) a head or board of a penal institution; |
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(4) a head or board of an eleemosynary institution; |
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(5) the head of a state board; |
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(6) a regent or trustee of a state educational |
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institution; |
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(7) a member of the legislature in accordance with |
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Section 2001.032; |
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(8) a committee of a house of the legislature; |
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(9) [(8)] a county auditor authorized by law; or |
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(10) [(9)] the chairman of the governing board of a |
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river authority. |
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SECTION 3. Section 141.008(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The executive commissioner may adopt rules to implement |
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this chapter. In adopting the rules the executive commissioner |
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shall comply with Subchapter B, Chapter 2001, Government Code, |
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including Sections 2001.032 [2001.032(b)] and 2001.033, Government |
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Code. In developing the rules to be adopted by the executive |
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commissioner, the department shall consult parents, youth camp |
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operators, and appropriate public and private officials and |
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organizations. |
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SECTION 4. The change in law made by this Act applies only |
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in relation to: |
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(1) a state agency rule for which notice of the rule as |
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proposed is first published in the Texas Register under Sections |
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2001.023 and 2001.024, Government Code, on or after October 1, |
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2019; or |
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(2) an emergency rule adopted on or after September |
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15, 2019. |
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SECTION 5. This Act takes effect September 1, 2019. |