Bill Text: TX HB1850 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to requiring legislative approval of administrative rules.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-30 - Left pending in committee [HB1850 Detail]
Download: Texas-2011-HB1850-Introduced.html
82R6198 MCK-D | ||
By: Elkins | H.B. No. 1850 |
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relating to requiring legislative approval of administrative | ||
rules. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2001.032(c), Government Code, is amended | ||
to read as follows: | ||
(c) A proposed rule may not be adopted by a state agency | ||
until the standing committee of each house reviewing the rule | ||
approves the rule by [ |
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members[ |
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This subsection does not apply to an emergency rule adopted under | ||
Section 2001.034. | ||
SECTION 2. Section 2001.033(a), Government Code, is amended | ||
to read as follows: | ||
(a) A state agency order finally adopting a rule must | ||
include: | ||
(1) a reasoned justification for the rule as adopted | ||
consisting solely of: | ||
(A) a summary of comments received from parties | ||
interested in the rule that shows the names of interested groups or | ||
associations offering comment on the rule and whether they were for | ||
or against its adoption; | ||
(B) a summary of the factual basis for the rule as | ||
adopted which demonstrates a rational connection between the | ||
factual basis for the rule and the rule as adopted; and | ||
(C) the reasons why the agency disagrees with | ||
party submissions and proposals; | ||
(2) a concise restatement of the particular statutory | ||
provisions under which the rule is adopted and of how the agency | ||
interprets the provisions as authorizing or requiring the rule; | ||
[ |
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(3) a certification that the rule, as adopted, has | ||
been reviewed by legal counsel and found to be a valid exercise of | ||
the agency's legal authority; and | ||
(4) a certification that the rule has been approved by | ||
the legislature as provided by Section 2001.032(c). | ||
SECTION 3. The change in law made by this Act applies only | ||
to a proposed 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 the effective | ||
date of this Act. Notice of a rule published before the effective | ||
date of this Act is governed by the law in effect when the notice was | ||
published, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 4. This Act takes effect January 1, 2012, if the | ||
constitutional amendment proposed by the 82nd Legislature, Regular | ||
Session, 2011, adding Section 68, Article III, Texas Constitution, | ||
and providing for legislative review of the process of rulemaking | ||
by agencies in the executive department is approved by the voters. | ||
If that amendment is not approved by the voters, this Act has no | ||
effect. |