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A BILL TO BE ENTITLED
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AN ACT
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relating to the duration of and process for adopting and renewing |
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state agency emergency rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.034, Government Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (c-1) to |
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read as follows: |
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(a) A state agency may adopt an emergency rule only during a |
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period in which a state of emergency declaration or state of |
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disaster declaration issued by the governor is in effect. An |
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emergency rule may be adopted without prior notice or hearing, or |
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with an abbreviated notice and a hearing that the agency [it] finds |
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practicable, provided that [if] the agency must: |
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(1) find [finds] that an imminent peril to the public |
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health, safety, or welfare, or a requirement of state or federal |
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law, requires adoption of a rule on fewer than 30 days' notice; |
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[and] |
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(2) state [states] in writing the reasons for its |
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finding under Subdivision (1); and |
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(3) inform the governor of the agency's intent to adopt |
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the rule. |
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(c) A rule adopted under this section may be effective for |
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not longer than 60 [120] days and, subject to Subsection (c-1), may |
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be renewed once for not longer than 30 [60] days. An identical rule |
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may be adopted under Sections 2001.023 and 2001.029. |
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(c-1) A state agency may not renew a rule adopted under this |
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section without first holding a public hearing with a public |
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comment period. |
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SECTION 2. The changes in law made by this Act apply only to |
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a state agency emergency rule proposed on or after the effective |
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date of this Act. An emergency rule proposed before that date is |
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governed by the law in effect on the date the rule was proposed, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |