Bill Text: TX HB2926 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to legislative review and approval of state agency rules.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2017-05-02 - Committee report sent to Calendars [HB2926 Detail]
Download: Texas-2017-HB2926-Comm_Sub.html
| 85R18698 CJC-F | |||
| By: Roberts, Elkins, Parker, Capriglione, | H.B. No. 2926 | ||
| Minjarez | |||
| Substitute the following for H.B. No. 2926: | |||
| By: Paddie | C.S.H.B. No. 2926 | ||
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| relating to legislative review and approval of state agency rules. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Texas Legislative | ||
| Review Act of 2017. | ||
| SECTION 2. Subchapter B, Chapter 2001, Government Code, is | ||
| amended by adding Section 2001.0361 to read as follows: | ||
| Sec. 2001.0361. LEGISLATIVE APPROVAL OF RULES. (a) A state | ||
| agency shall file, on the same day it files a rule with the | ||
| secretary of state under Section 2001.036, a copy of each rule, | ||
| other than an emergency rule, with the officer or employee with whom | ||
| bills are filed in each house of the legislature. 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. | ||
| (b) Not later than the 30th day after the date a rule is | ||
| referred to a committee, the committee may elect to consider the | ||
| rule at a committee meeting and vote on the question of whether to | ||
| suspend the rule. A rule may be suspended only if at least | ||
| two-thirds of the full membership of both committees to which the | ||
| rule is referred vote to suspend the rule. If either committee | ||
| elects not to consider the rule within the period of time provided | ||
| by this subsection or does not vote to suspend the rule, the rule is | ||
| considered approved and, subject to Section 2001.036, may take | ||
| effect. If a rule is suspended under this subsection, the | ||
| committees shall, not later than the third day after the date the | ||
| rule is suspended: | ||
| (1) notify the state agency that adopted the rule of | ||
| the suspension; and | ||
| (2) file notice of the suspension with the secretary | ||
| of state for publication in the Texas Register. | ||
| (c) If a rule is suspended under Subsection (b) when the | ||
| legislature is in session, the chair of each 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 question of whether to uphold the committee's suspension of | ||
| the rule. Unless a majority of the members of each house vote to | ||
| uphold the committees' suspension, the suspension terminates and, | ||
| subject to Section 2001.036, the rule may take effect. | ||
| (d) If a rule is suspended under Subsection (b) when the | ||
| legislature is not in session, the secretary of state shall give | ||
| written notice of the suspension to the presiding officer of each | ||
| 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 each house shall vote on the question of | ||
| whether to uphold the committee's suspension of the rule. Unless a | ||
| majority of the members of each house vote to uphold the committees' | ||
| suspension, the suspension terminates and, subject to Section | ||
| 2001.036, the rule may take effect. | ||
| (e) Not later than the third day after the date a suspension | ||
| is terminated under Subsection (c) or (d), the presiding officer of | ||
| each house shall: | ||
| (1) notify the state agency that 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. | ||
| (f) Notwithstanding Section 2001.036, a rule adopted by a | ||
| state agency that is suspended in both committees to which the rule | ||
| is referred under Subsection (b) may not take effect unless either | ||
| house of the legislature does not vote to uphold the committees' | ||
| suspension under Subsection (c) or (d). | ||
| (g) During the time a rule is suspended under this section, | ||
| the state agency that adopted the rule may not enforce a substantive | ||
| provision of the suspended rule or adopt a rule or emergency rule | ||
| containing the substance of the suspended rule. | ||
| SECTION 3. Section 2001.0361, Government Code, as added 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 Section 2001.023, Government Code, on or after the | ||
| effective date of this Act. A rule for which notice is 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, 2018, but only | ||
| if the constitutional amendment proposed by the 85th Legislature, | ||
| Regular Session, 2017, 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. | ||
