78R11559 JRD-D


By:  Christian, Miller, Eissler                                   H.B. No. 425

Substitute the following for H.B. No. 425:                                    

By:  Goodman                                                  C.S.H.B. No. 425


A BILL TO BE ENTITLED
AN ACT
relating to procedures to help ensure that certain state agency actions are consistent with the meaning and intent of applicable legislative enactments. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 322, Government Code, is amended by adding Section 322.015 to read as follows: Sec. 322.015. LETTERS OF CLARIFICATION. (a) The board may issue a letter clarifying or explaining the meaning or intent of a provision: (1) in the General Appropriations Act; or (2) in another legislative enactment if the provision makes an appropriation or qualifies, details, limits, or restricts an appropriation. (b) A state governmental entity, in interpreting a provision of law described by Subsection (a), is entitled to rely on a letter of clarification issued by the board under this section. SECTION 2. Section 2001.032, Government Code, is amended to read as follows: Sec. 2001.032. NOTIFICATION TO CERTAIN MEMBERS OF THE LEGISLATURE [LEGISLATIVE REVIEW]. (a) 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) Before a state agency gives notice of its intention to adopt a rule under Sections 2001.023 and 2001.024, the agency shall inform each primary author and primary sponsor of legislation enacted after January 1, 2003, 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) The state agency shall 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. Not later than the seventh day before the date the state agency considers the rule for final adoption, the agency shall also 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 shall solicit comment from the member regarding the changed text of the proposed rule. The state agency also shall: (1) timely inform the member of the time and place of any public hearing or formal meeting held in connection with the contemplated rulemaking and allow the member or the member's designated representative to participate; and (2) invite the member or the member's designated representative to participate as a member of any advisory committee the state agency appoints in connection with the contemplated rulemaking. (d) The state agency shall 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. If the state agency gives an abbreviated notice or conducts a hearing in connection with the adoption of the emergency rule, the agency shall also promptly furnish the member with a copy of the notice and shall timely inform the member of the time and place of any hearing. [Each house of the legislature by rule shall establish a process under which the presiding officer of each house refers each proposed state agency rule to the appropriate standing committee for review before the rule is adopted. [(b) A state agency shall deliver to the lieutenant governor and the speaker of the house of representatives a copy of the notice of a proposed rule when the agency files notice with the secretary of state under Section 2001.023. [(c) On the vote of a majority of its members, a standing committee may send to a state agency a statement supporting or opposing adoption of a proposed rule.] SECTION 3. Subchapter B, Chapter 2001, Government Code, is amended by adding Section 2001.0321 to read as follows: Sec. 2001.0321. INDEPENDENT REVIEW OF RULES; SUSPENSION OF RULE BY GOVERNOR. (a) The chair of any standing committee of either house of the legislature may request the presiding officer of that house to initiate an independent review of a rule proposed or adopted by a state agency unless the rule has been in effect for more than 180 days before the date the request is made. Not later than the 10th day after the date the request is made, the presiding officer shall: (1) notify the petitioning chair whether the review will be conducted; and (2) refer the rule to the appropriate standing committee if the presiding officer determines that a review of the rule is appropriate. (b) A standing committee shall review any proposed or adopted rule referred to it. The committee may hold a public hearing or a meeting on the rule or proposed rule. In reviewing a rule or proposed rule, the committee shall consider: (1) whether the rule is authorized by law and is consistent with the intent and scope of the authorizing law; (2) whether the rule complies with all other applicable law; and (3) whether the rule can be justified when compared to available alternatives that would satisfy the legislative intent of the authorizing law and requirements of other applicable law on the basis of: (A) the cost to the state and to persons affected by the rule; and (B) the burden the rule places on the public or persons affected by the rule. (c) The committee by majority vote of the membership of the committee may recommend to the presiding officer of the appropriate house that the presiding officer request the governor to suspend the rule or proposed rule. (d) The committee may meet by telephone conference call to consider a rule or proposed rule under this section. The notice of the meeting must specify as the location of the meeting at least one location at which facilities must be provided to make the meeting audible to the public. The meeting shall be recorded on audiotape and the tape recordings shall be made available to the public. (e) As an alternative to holding a meeting on the question, the chair of the committee may notify the members of the committee that a rule or proposed rule has been referred to the committee and provide each member with a ballot to permit voting for, voting against, or participating and not voting on whether the committee shall recommend that the presiding officer request the governor to suspend the rule or proposed rule. The chair shall give each member an opportunity to vote or participate by mail or by facsimile transmission of a marked ballot. (f) If the committee recommends that the presiding officer request the governor to suspend the rule or proposed rule, the chair, not later than the 10th day after the date the recommendation is made, shall give written notice of the committee recommendation to: (1) the presiding officer of the appropriate house; (2) the state agency that adopted or proposed the rule; and (3) each member of the house of the legislature that established the committee. (g) Not later than the 20th day after the date of the committee action, a member of that house may file a written objection to or statement of support for the committee's action with the presiding officer of that house. (h) Not later than the 20th day after the date the presiding officer receives notice that a committee has recommended that the presiding officer request the governor to suspend a rule or proposed rule, the presiding officer may request the governor to do so. In making a decision under this subsection, the presiding officer shall consider any objections or statements of support filed by members of the house under Subsection (g). If the presiding officer requests the governor to suspend the rule or proposed rule, the presiding officer shall give written notice of the request to: (1) the governor; (2) the state agency that adopted or proposed the rule; (3) the secretary of state; and (4) the presiding officer of the other house of the legislature. (i) On the request of the presiding officer of either house of the legislature under this section, the governor by proclamation may suspend a rule, other than an emergency rule, adopted or proposed by a state agency. The governor shall consider the items listed in Subsection (b) and shall state in the proclamation the grounds for suspension of the rule or proposed rule. The governor must state in the proclamation the date on which the suspension takes effect. The effective date of the suspension may not be earlier than the 30th day after the date of the proclamation. Not later than the fifth day after the date of the proclamation, the governor shall: (1) deliver a certified copy of the proclamation to the state agency that adopted or proposed the rule; and (2) file notice of the proclamation with the secretary of state for publication in the Texas Register. (j) When a rule or proposed rule is suspended under this section, the state agency that adopted or proposed the rule may not adopt a rule containing the substance of the suspended rule before the second anniversary of the date the suspension takes effect, unless the governor by proclamation consents to adoption of the rule. On or after the second anniversary, the state agency may adopt the same rule or a rule containing the substance of the suspended rule as provided by this subchapter. SECTION 4. The changes in law made by this Act to Section 2001.032, Government Code, apply only in relation to: (1) a 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 October 1, 2003; or (2) an emergency rule adopted on or after September 15, 2003. SECTION 5. This Act takes effect September 1, 2003.