SRC-TJG C.S.H.B. 425 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 425
By: Christian (West, Royce)
Administration
5/23/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

Currently, state agencies engaged in rulemaking may not always consider
legislative intent when proposing rules.  Also, many state agencies often
do not inform legislative authors and sponsors about rules relating to
their respective bills, and the agencies are only required to publish
proposed rules related to legislation in the Texas Register.  This leaves
a potential gap between the legislature's intent and the implementation of
the resulting rule.  Rules written by an agency can influence the effect
of a piece of legislation, and such rules should reflect the intent of the
legislation.  Under current law, agencies with broad rulemaking authority
may interpret legislation in a way that could conflict with the intent of
the legislature.  C.S.H.B. 425 implements procedures to ensure that agency
rules are consistent with legislative intent.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 322, Government Code, by adding Section
322.015, as follows: 

Sec. 322.015.  LETTERS OF LEGISLATIVE INTENT.  (a) Authorizes the
Legislative Budget Board (LBB) to issue a letter to a state governmental
entity clarifying or explaining meaning or legislative intent on matters
relating to the General Appropriations Act or another legislative
enactment that makes an appropriation or qualifies, details, limits, or
restricts an appropriation. 

(b) Provides that a state governmental entity, in interpreting a provision
of law described by Subsection (a), is entitled to rely on a letter of
legislative intent issued by LBB under this section. 

SECTION 2.  Amends Section 2001.032, Government Code, as follows:

Sec. 2001.032.  New heading: CONSIDERATION OF LEGISLATIVE INTENT.   (a)
Provides that in this section, a reference to the law under which a rule
is or would be adopted includes a reference to the law that authorizes a
state agency to adopt the rule and to the law that the rule would
implement or enforce. 
 
(b) Requires a state agency, before the agency gives notice of its
intention to adopt a rule under Sections 2001.023 and 2001.024, to inform
each author and sponsor of legislation that became law and that added,
amended, or clearly affected the law under which the rule would be
adopted, if the person is still a member of the legislature, that the
adoption of a rule related to the member's legislation is being
considered. 
 
(c) Requires the state agency to deliver a copy of the notice of the
proposed rule required by Sections 2001.023 and 2001.024 to each member of
the legislature described by Subsection (b) concurrently with the agency's
filing of the notice with the secretary of state.  Requires the agency,
not later than the seventh day before the date the state agency considers
the rule for final adoption, to deliver to  the member a copy of the rule
as proposed for final adoption if the text of the rule differs from the
text of the proposed rule published under Section 2001.024 and to solicit
comment from the member regarding the changed text of the proposed rule.
Requires the state agency also to take certain actions. 
 
(d)  Requires the state agency to deliver a copy of an emergency rule
adopted under Section 2001.034 and the written reasons for its adoption to
each member of the legislature described by Subsection (b) with respect to
the law under which the emergency rule was adopted concurrently with the
agency's filing of the rule and the reasons for its adoption with the
secretary of state.  Requires the agency, if the state agency gives an
abbreviated notice or conducts a hearing in connection with the adoption
of the emergency rule, to also promptly furnish the primary author and
sponsor with a copy of the notice and to timely inform the primary author
and sponsor of the time and place of the hearing. 

(e) Authorizes either the state agency or the member, if a dispute arises
between the state agency and a member of the legislature described by
Subsection (b) with regard to the legislature's intent in enacting or
otherwise affecting the law under which the rule would be adopted, to
request the attorney general to issue an opinion to resolve the dispute.
Prohibits the rule, if an opinion is requested under this subsection
before the date on which the rule would otherwise take effect, from taking
effect unless the attorney general issues an opinion that determines the
rule as finally proposed for adoption is consistent with the legislature's
intent in enacting or otherwise affecting the law under which the rule
would be adopted. Deletes text relating to referring each proposed state
agency rule to the appropriate standing committee.  Deletes text relating
to delivering a copy of the notice of a proposed rule to certain
individuals.  Deletes text relating to authorizing a standing committee,
on the vote of a majority of its members, to send to a state agency a
certain statement. 

SECTION 3.  Amends Section 402.042(b), Government Code, to authorizes an
opinion to be requested by certain individuals. 

SECTION 4.  Provides that the changes in law made by this Act relating to
the process of state agency rulemaking apply only to rules and emergency
rules adopted after a certain date.   

SECTION 5.  Effective date: September 1, 2003