86R2051 CJC-F
 
  By: West S.B. No. 122
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedure by which a state agency considers
  legislative intent when adopting an agency rule.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2001.032, Government Code, is amended to
  read as follows:
         Sec. 2001.032.  CONSIDERATION OF LEGISLATIVE INTENT
  [REVIEW]. (a) In this section, a reference to the law under which a
  rule is or would be adopted includes a reference to the law that
  authorizes a state agency to adopt the rule and to the law that the
  rule would implement or enforce.
         (b)  Before a state agency gives notice of its intention to
  adopt a rule under Sections 2001.023 and 2001.024, the agency must
  inform each author and sponsor of legislation that became law and
  that added, amended, or clearly affected the law under which the
  rule would be adopted, if the person is still a member of the
  legislature, that the adoption of a rule related to the member's
  legislation is being considered.
         (c)  The state agency shall deliver a copy of the notice of
  the proposed rule required by Sections 2001.023 and 2001.024 to
  each member of the legislature described by Subsection (b)
  concurrently with the agency's filing of the notice with the
  secretary of state. Not later than the seventh day before the date
  the state agency considers the rule for final adoption, the agency
  shall deliver to the member a copy of the rule as proposed for final
  adoption if the text of the rule differs from the text of the
  proposed rule published under Section 2001.024 and shall solicit
  comment from the member regarding the changed text of the proposed
  rule. The state agency shall:
               (1)  timely inform the member of the time and place of
  any public hearing or informal conference held in connection with
  the proposed rule and allow the member to participate; and
               (2)  invite the member to participate as a member of any
  advisory committee the state agency appoints in connection with the
  proposed rule.
         (d)  The state agency shall deliver a copy of an emergency
  rule adopted under Section 2001.034 and the written reasons for its
  adoption to each member of the legislature described by Subsection
  (b) with respect to the law under which the emergency rule was
  adopted concurrently with the agency's filing of the rule and the
  reasons for its adoption with the secretary of state. If the state
  agency gives an abbreviated notice or conducts a hearing in
  connection with the adoption of the emergency rule, the agency
  shall promptly provide to the member a copy of the notice and shall
  timely inform the member of the time and place of any hearing.
         (e)  If a dispute arises between the state agency and a
  member of the legislature described by Subsection (b) with regard
  to the legislature's intent in enacting or otherwise affecting the
  law under which the rule would be adopted, the state agency or the
  member may request the attorney general to issue an opinion to
  resolve the dispute. If an opinion is requested under this
  subsection before the date on which the rule would otherwise take
  effect, the rule may not take effect unless the attorney general
  issues an opinion that determines the rule as finally proposed for
  adoption is consistent with the legislature's intent in enacting or
  otherwise affecting the law under which the rule would be adopted.
  [Each house of the legislature by rule shall establish a process
  under which the presiding officer of each house refers each
  proposed state agency rule to the appropriate standing committee
  for review before the rule is adopted.
         [(b)     On receiving a written request from the lieutenant
  governor, a member of the legislature, or a legislative agency, the
  secretary of state shall provide the requestor with electronic
  notification of rulemaking filings by a state agency under Section
  2001.023.
         [(c)     On the vote of a majority of its members, a standing
  committee may send to a state agency a statement supporting or
  opposing adoption of a proposed rule.]
         SECTION 2.  Section 402.042(b), Government Code, is amended
  to read as follows:
         (b)  An opinion may be requested by:
               (1)  the governor;
               (2)  the head of a department of state government;
               (3)  a head or board of a penal institution;
               (4)  a head or board of an eleemosynary institution;
               (5)  the head of a state board;
               (6)  a regent or trustee of a state educational
  institution;
               (7)  a member of the legislature in accordance with
  Section 2001.032;
               (8)  a committee of a house of the legislature;
               (9) [(8)]  a county auditor authorized by law; or
               (10) [(9)]  the chairman of the governing board of a
  river authority.
         SECTION 3.  Section 141.008(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The executive commissioner may adopt rules to implement
  this chapter. In adopting the rules the executive commissioner
  shall comply with Subchapter B, Chapter 2001, Government Code,
  including Sections 2001.032 [2001.032(b)] and 2001.033, Government
  Code. In developing the rules to be adopted by the executive
  commissioner, the department shall consult parents, youth camp
  operators, and appropriate public and private officials and
  organizations.
         SECTION 4.  The change in law made by this Act applies only
  in relation to:
               (1)  a state agency rule for which notice of the rule as
  proposed is first published in the Texas Register under Sections
  2001.023 and 2001.024, Government Code, on or after October 1,
  2019; or
               (2)  an emergency rule adopted on or after September
  15, 2019.
         SECTION 5.  This Act takes effect September 1, 2019.