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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 state agencies adopt rules, |
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including legislative approval of certain rules proposed or adopted |
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by state agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.027, Government Code, is amended to |
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read as follows: |
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Sec. 2001.027. WITHDRAWAL OF PROPOSED RULE; EFFECT OF |
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REPEATED WITHDRAWAL. (a) A proposed rule is withdrawn six months |
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after the date of publication of notice of the proposed rule in the |
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Texas Register if a state agency has failed by that time to adopt, |
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adopt as amended, or withdraw the proposed rule. |
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(b) If a rule proposed by a state agency is withdrawn on at |
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least two occasions under Subsection (a) because the agency has |
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failed to adopt, adopt as amended, or withdraw the proposed rule, |
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the agency may not propose a rule that is substantially similar to |
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the withdrawn rule unless the proposed rule is approved by a |
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majority vote of both houses of the legislature. |
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SECTION 2. The heading to Section 2001.029, Government |
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Code, is amended to read as follows: |
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Sec. 2001.029. PUBLIC COMMENT; EFFECT ON DURATION OF |
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CERTAIN RULES. |
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SECTION 3. Section 2001.029, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) This subsection applies only to a rule adopted by a |
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state agency for which at least 52 percent of the written and oral |
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submissions concerning the rule received by the agency under |
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Subsection (c) express disapproval of the rule. A rule to which |
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this subsection applies that takes effect during the two calendar |
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years preceding January 1 of the month in which a regular session of |
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the legislature convenes expires on September 1 following final |
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adjournment of that regular session unless the rule is approved by a |
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majority vote of both houses of the legislature during the regular |
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session. |
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SECTION 4. 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 STATE |
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AGENCY RULES REQUIRED. (a) This section applies to each rule |
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proposed and each emergency rule adopted by a state agency, other |
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than an emergency rule that: |
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(1) is adopted under Section 2001.034; and |
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(2) will be in effect for 90 days or less. |
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(b) A state agency shall file a copy of each proposed or |
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emergency rule with the officer or employee with whom bills are |
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filed in each house of the legislature. The agency shall file the |
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proposed rule on the same day the agency files notice of the rule |
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with the secretary of state as required under Section 2001.023 or, |
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if the rule is adopted under Section 2001.034, on the date the |
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agency files the emergency rule with the secretary of state under |
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Section 2001.034(d). After filing, the rule shall be referred to a |
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standing committee in the same manner as bills are referred, unless |
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a house by rule provides for another manner of referral of agency |
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rules. Each rule must be referred to a standing committee before |
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the 10th day after the date the rule is filed with the appropriate |
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officer or employee of each house. |
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(c) Not later than the 30th day after the date a proposed or |
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emergency rule is referred to a committee, the committee shall |
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consider the rule at a committee meeting where public testimony is |
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accepted and vote on the rule. A rule is approved by the unanimous |
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vote of the committee's full membership. If the committee does not |
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approve a rule by unanimous vote of the committee's full |
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membership, the rule is suspended. If a rule is suspended in |
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committee, the committee shall, not later than the third day after |
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the date the rule is suspended: |
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(1) notify the state agency that proposed or adopted |
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the rule of 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 or emergency rule is suspended in |
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committee when the legislature is in session, the chair of the |
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committee shall give written notice of the suspension to the |
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presiding officer of the appropriate house not later than the fifth |
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day after the date the rule is suspended. Not later than the 35th |
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day after the date the rule is suspended in committee, the members |
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of that house shall vote on the rule. If a majority of members of |
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that house vote to approve the 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 rule, the committee's |
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suspension remains in effect. |
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(e) If a proposed or emergency rule is suspended in |
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committee when the legislature is not in session, the secretary of |
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state shall give written notice of the suspension to the presiding |
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officer of the appropriate house during the first 10 days of the |
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next regular legislative session. Not later than the 30th day after |
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the date the notice is given, the members of that house shall vote |
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on the rule. If a majority of members of that house vote to approve |
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the rule, the rule is approved and the committee's suspension |
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terminates. If a majority of members of that house do not vote to |
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approve the rule, the committee's suspension 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 or adopted |
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the rule of 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 or continue an |
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emergency rule in effect only if the 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 or emergency rule is |
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suspended under this section, the state agency that proposed or |
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adopted the rule may not adopt a rule or emergency rule containing |
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the substance of the suspended rule. |
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SECTION 5. Section 2001.032, Government Code, is repealed. |
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SECTION 6. The changes in law made by this Act apply only to |
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a rule proposed by a state agency for which notice is first |
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published 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 first |
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published under Section 2001.023, Government Code, before the |
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effective date of this Act is governed by the law in effect on the |
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date the notice was published, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect January 1, 2026, but only |
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if the constitutional amendment proposed by the 89th Legislature, |
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Regular Session, 2025, 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. |