bill limiting agency emergency rules to declared emergencies

The text as introduced · 381 words

89R10086 CS-F

By: Hall
S.B. No. 1479

A BILL TO BE ENTITLED

AN ACT

relating to the duration of and process for adopting and renewing

state agency emergency rules.

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

SECTION 1. Section 2001.034, Government Code, is amended by

amending Subsections (a) and (c) and adding Subsection (c-1) to

read as follows:

(a) A state agency may adopt an emergency rule only during a

period in which a state of emergency declaration or state of

disaster declaration issued by the governor is in effect. An

emergency rule may be adopted without prior notice or hearing, or

with an abbreviated notice and a hearing that the agency [ it ] finds

practicable, provided that [ if ] the agency must :

(1) find [ finds ] that an imminent peril to the public

health, safety, or welfare, or a requirement of state or federal

law, requires adoption of a rule on fewer than 30 days' notice;

[ and ]

(2) state [ states ] in writing the reasons for its

finding under Subdivision (1) ; and

(3) inform the governor of the agency's intent to adopt

the rule .

(c) A rule adopted under this section may be effective for

not longer than 60 [ 120 ] days and , subject to Subsection (c-1), may

be renewed once for not longer than 30 [ 60 ] days. An identical rule

may be adopted under Sections 2001.023 and 2001.029.

(c-1) A state agency may not renew a rule adopted under this

section without first holding a public hearing with a public

comment period.

SECTION 2. The changes in law made by this Act apply only to

a state agency emergency rule proposed on or after the effective

date of this Act. An emergency rule proposed before that date is

governed by the law in effect on the date the rule was proposed, and

the former law is continued in effect for that purpose.

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, 2025.