Bill Text: TX HB3158 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to legislative approval of state agency rules that take effect during the two years preceding a regular legislative session.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-15 - No action taken in committee [HB3158 Detail]
Download: Texas-2015-HB3158-Introduced.html
84R6837 CJC-D | ||
By: Smithee | H.B. No. 3158 |
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relating to legislative approval of state agency rules that take | ||
effect during the two years preceding a regular legislative | ||
session. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 2001, Government Code, is | ||
amended by adding Section 2001.0321 to read as follows: | ||
Sec. 2001.0321. LEGISLATIVE APPROVAL; EXPIRATION OF | ||
UNAPPROVED RULE. (a) A state agency rule 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 the 90th day | ||
following final adjournment of that regular session unless the | ||
legislature passes a bill during the regular session or during a | ||
subsequent special session that: | ||
(1) approves the rule; and | ||
(2) becomes law on or before the day on which the rule | ||
expires. | ||
(b) A state agency shall send to the presiding officer of | ||
each house of the legislature not later than November 1 of each | ||
even-numbered year a preliminary report that contains the name of | ||
the agency, the text of each agency rule that took effect or that | ||
has been adopted and that is subject to expiration under Subsection | ||
(a), and a copy of the agency's order that finally adopted the rule. | ||
The agency shall send to the presiding officer of each house of the | ||
legislature not later than the first Monday after the date the | ||
legislature convenes in regular session a final report that | ||
contains the name of the agency, the text of each agency rule that | ||
is subject to expiration under Subsection (a), and a copy of the | ||
agency's order that finally adopted the rule. | ||
(c) If a rule that expires under Subsection (a) amended or | ||
repealed a prior rule, the text of the prior rule is revived as the | ||
state agency's rule effective on the date that the unapproved rule | ||
expires, to the extent that the text of the prior rule is still | ||
consistent with the agency's rulemaking authority under law. | ||
SECTION 2. This Act applies only to a state agency rule | ||
that takes effect on or after January 1, 2015. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |