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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring legislative approval of administrative |
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rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.032(c), Government Code, is amended |
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to read as follows: |
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(c) A proposed rule may not be adopted by a state agency |
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until the standing committee of each house reviewing the rule |
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approves the rule by [On the vote of] a majority vote of its |
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members[, a standing committee may send to a state agency a
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statement supporting or opposing adoption of a proposed rule]. |
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This subsection does not apply to an emergency rule adopted under |
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Section 2001.034. |
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SECTION 2. Section 2001.033(a), Government Code, is amended |
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to read as follows: |
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(a) A state agency order finally adopting a rule must |
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include: |
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(1) a reasoned justification for the rule as adopted |
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consisting solely of: |
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(A) a summary of comments received from parties |
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interested in the rule that shows the names of interested groups or |
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associations offering comment on the rule and whether they were for |
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or against its adoption; |
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(B) a summary of the factual basis for the rule as |
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adopted which demonstrates a rational connection between the |
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factual basis for the rule and the rule as adopted; and |
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(C) the reasons why the agency disagrees with |
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party submissions and proposals; |
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(2) a concise restatement of the particular statutory |
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provisions under which the rule is adopted and of how the agency |
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interprets the provisions as authorizing or requiring the rule; |
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[and] |
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(3) a certification that the rule, as adopted, has |
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been reviewed by legal counsel and found to be a valid exercise of |
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the agency's legal authority; and |
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(4) a certification that the rule has been approved by |
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the legislature as provided by Section 2001.032(c). |
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SECTION 3. The change in law made by this Act applies only |
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to a proposed state agency rule for which notice of the rule as |
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proposed is first published in the Texas Register under Sections |
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2001.023 and 2001.024, Government Code, on or after the effective |
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date of this Act. Notice of a rule published before the effective |
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date of this Act is governed by the law in effect when the notice was |
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published, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect January 1, 2012, if the |
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constitutional amendment proposed by the 82nd Legislature, Regular |
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Session, 2011, adding Section 68, Article III, Texas Constitution, |
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and providing for legislative review of the process of rulemaking |
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by agencies in the executive department is approved by the voters. |
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If that amendment is not approved by the voters, this Act has no |
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effect. |