SB1474 - Relating to the procedure by which state agencies adopt rules, including legislative approval of certain rules proposed or adopted by state agencies.

  89R6377 CS-D     By: Hall S.B. No. 1474       A BILL TO BE ENTITLED   AN ACT   relating to the procedure by which state agencies adopt rules,   including legislative approval of certain rules proposed or adopted   by state agencies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2001.027, Government Code, is amended to   read as follows:          Sec. 2001.027.  WITHDRAWAL OF PROPOSED RULE ; EFFECT OF   REPEATED WITHDRAWAL . (a) A proposed rule is withdrawn six months   after the date of publication of notice of the proposed rule in the   Texas Register if a state agency has failed by that time to adopt,   adopt as amended, or withdraw the proposed rule.           (b)     If a rule proposed by a state agency is withdrawn on at   least two occasions under Subsection (a) because the agency has   failed to adopt, adopt as amended, or withdraw the proposed rule,   the agency may not propose a rule that is substantially similar to   the withdrawn rule unless the proposed rule is approved by a   majority vote of both houses of the legislature.          SECTION 2.  The heading to Section 2001.029, Government   Code, is amended to read as follows:          Sec. 2001.029.  PUBLIC COMMENT ; EFFECT ON DURATION OF   CERTAIN RULES .          SECTION 3.  Section 2001.029, Government Code, is amended by   adding Subsection (d) to read as follows:           (d)     This subsection applies only to a rule adopted by a   state agency for which at least 52 percent of the written and oral   submissions concerning the rule received by the agency under   Subsection (c) express disapproval of the rule. A rule to which   this subsection applies that takes effect during the two calendar   years preceding January 1 of the month in which a regular session of   the legislature convenes expires on September 1 following final   adjournment of that regular session unless the rule is approved by a   majority vote of both houses of the legislature during the regular   session.          SECTION 4.  Subchapter B, Chapter 2001, Government Code, is   amended by adding Section 2001.0321 to read as follows:           Sec.   2001.0321.     LEGISLATIVE APPROVAL OF CERTAIN STATE   AGENCY RULES REQUIRED. (a) This section applies to each rule   proposed and each emergency rule adopted by a state agency, other   than an emergency rule that:                 (1)  is adopted under Section 2001.034; and                 (2)  will be in effect for 90 days or less.           (b)     A state agency shall file a copy of each proposed or   emergency rule with the officer or employee with whom bills are   filed in each house of the legislature. The agency shall file the   proposed rule on the same day the agency files notice of the rule   with the secretary of state as required under Section 2001.023 or,   if the rule is adopted under Section 2001.034, on the date the   agency files the emergency rule with the secretary of state under   Section 2001.034(d). After filing, the 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 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.           (c)     Not later than the 30th day after the date a proposed or   emergency rule is referred to a committee, the committee shall   consider the rule at a committee meeting where public testimony is   accepted and vote on the rule. A rule is approved by the unanimous   vote of the committee's full membership. If the committee does not   approve a rule by unanimous vote of the committee's full   membership, the rule is suspended. If a 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 or adopted   the rule of the suspension; and                 (2)     file notice of the suspension with the secretary   of state for publication in the Texas Register.           (d)     If a proposed or emergency 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 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 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 rule, the committee's   suspension remains in effect.           (e)     If a proposed or emergency 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 rule. If a majority of members of that house vote to approve   the 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 rule, the committee's suspension remains in effect.           (f)     Not later than the third day after the date a suspension   is terminated under Subsection (d) or (e), the presiding officer of   the appropriate house shall:                 (1)     notify the state agency that proposed or adopted   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.           (g)     A state agency may adopt a proposed rule or continue an   emergency rule in effect only if the rule:                 (1)     is approved by both committees to which it is   referred as provided by Subsection (c);                 (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.           (h)     During the time a proposed or emergency rule is   suspended under this section, the state agency that proposed or   adopted the rule may not adopt a rule or emergency rule containing   the substance of the suspended rule.          SECTION 5.  Section 2001.032, Government Code, is repealed.          SECTION 6.  The changes in law made by this Act apply only to   a rule proposed by a state agency for which notice is first   published under Section 2001.023, Government Code, on or after the   effective date of this Act. A rule for which notice is first   published under Section 2001.023, Government Code, before the   effective date of this Act is governed by the law in effect on the   date the notice was published, and the former law is continued in   effect for that purpose.          SECTION 7.  This Act takes effect January 1, 2026, but only   if the constitutional amendment proposed by the 89th Legislature,   Regular Session, 2025, 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.