Hall’s bill sending nearly every agency rule to the Legislature

The text as introduced · 1,222 words

89R6377 CS-D

By: Hall
S.B. No. 1474

A BILL TO BE ENTITLED

AN ACT

relating to the procedure by which state agencies adopt rules,

including legislative approval of certain rules proposed or adopted

by state agencies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2001.027, Government Code, is amended to

read as follows:

Sec. 2001.027. WITHDRAWAL OF PROPOSED RULE ; EFFECT OF

REPEATED WITHDRAWAL . (a) A proposed rule is withdrawn six months

after the date of publication of notice of the proposed rule in the

Texas Register if a state agency has failed by that time to adopt,

adopt as amended, or withdraw the proposed rule.

(b) If a rule proposed by a state agency is withdrawn on at

least two occasions under Subsection (a) because the agency has

failed to adopt, adopt as amended, or withdraw the proposed rule,

the agency may not propose a rule that is substantially similar to

the withdrawn rule unless the proposed rule is approved by a

majority vote of both houses of the legislature.

SECTION 2. The heading to Section 2001.029, Government

Code, is amended to read as follows:

Sec. 2001.029. PUBLIC COMMENT ; EFFECT ON DURATION OF

CERTAIN RULES .

SECTION 3. Section 2001.029, Government Code, is amended by

adding Subsection (d) to read as follows:

(d) This subsection applies only to a rule adopted by a

state agency for which at least 52 percent of the written and oral

submissions concerning the rule received by the agency under

Subsection (c) express disapproval of the rule. A rule to which

this subsection applies 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 September 1 following final

adjournment of that regular session unless the rule is approved by a

majority vote of both houses of the legislature during the regular

session.

SECTION 4. Subchapter B, Chapter 2001, Government Code, is

amended by adding Section 2001.0321 to read as follows:

Sec. 2001.0321. LEGISLATIVE APPROVAL OF CERTAIN STATE

AGENCY RULES REQUIRED. (a) This section applies to each rule

proposed and each emergency rule adopted by a state agency, other

than an emergency rule that:

(1) is adopted under Section 2001.034; and

(2) will be in effect for 90 days or less.

(b) A state agency shall file a copy of each proposed or

emergency rule with the officer or employee with whom bills are

filed in each house of the legislature. The agency shall file the

proposed rule on the same day the agency files notice of the rule

with the secretary of state as required under Section 2001.023 or,

if the rule is adopted under Section 2001.034, on the date the

agency files the emergency rule with the secretary of state under

Section 2001.034(d). 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.

(c) Not later than the 30th day after the date a proposed or

emergency rule is referred to a committee, the committee shall

consider the rule at a committee meeting where public testimony is

accepted and vote on the rule. A rule is approved by the unanimous

vote of the committee's full membership. If the committee does not

approve a rule by unanimous vote of the committee's full

membership, the rule is suspended. If a rule is suspended in

committee, the committee shall, not later than the third day after

the date the rule is suspended:

(1) notify the state agency that proposed or adopted

the rule of the suspension; and

(2) file notice of the suspension with the secretary

of state for publication in the Texas Register.

(d) If a proposed or emergency rule is suspended in

committee when the legislature is in session, the chair of the

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 rule. If a majority of members of

that house vote to approve the rule, the rule is approved and the

committee's suspension terminates. If a majority of members of

that house do not vote to approve the rule, the committee's

suspension remains in effect.

(e) If a proposed or emergency rule is suspended in

committee when the legislature is not in session, the secretary of

state shall give written notice of the suspension to the presiding

officer of the appropriate 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 that house shall vote

on the rule. If a majority of members of that house vote to approve

the rule, the rule is approved and the committee's suspension

terminates. If a majority of members of that house do not vote to

approve the rule, the committee's suspension remains in effect.

(f) Not later than the third day after the date a suspension

is terminated under Subsection (d) or (e), the presiding officer of

the appropriate house shall:

(1) notify the state agency that proposed or 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.

(g) A state agency may adopt a proposed rule or continue an

emergency rule in effect only if the rule:

(1) is approved by both committees to which it is

referred as provided by Subsection (c);

(2) was suspended in committee in only one house of the

legislature, and that house later votes to approve the rule; or

(3) was suspended in committee in both houses of the

legislature, and both houses later vote to approve the rule.

(h) During the time a proposed or emergency rule is

suspended under this section, the state agency that proposed or

adopted the rule may not adopt a rule or emergency rule containing

the substance of the suspended rule.

SECTION 5. Section 2001.032, Government Code, is repealed.

SECTION 6. The changes in law made by this Act apply only to

a rule proposed by a state agency for which notice is first

published under Section 2001.023, Government Code, on or after the

effective date of this Act. A rule for which notice is first

published under Section 2001.023, Government Code, before the

effective date of this Act is governed by the law in effect on the

date the notice was published, and the former law is continued in

effect for that purpose.

SECTION 7. This Act takes effect January 1, 2026, but only

if the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, 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.