Bill Text: TX HB70 | 2021-2022 | 87th Legislature | Introduced

Texas House Bill 70 (Prior Session Legislation)

Introduced

Bill Title: Relating to legislative review and approval of certain state agency rules.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-02-25 - Referred to State Affairs [HB70 Detail]

Download: Texas-2021-HB70-Introduced.html

	87R1710 CJC-D

	By: Swanson	H.B. No. 70



	A BILL TO BE ENTITLED
	AN ACT
	relating to legislative review and approval of certain state agency
	rules.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter B, Chapter 2001, Government Code, is
	amended by adding Section 2001.0321 to read as follows:
	Sec. 2001.0321. LEGISLATIVE APPROVAL OF CERTAIN PROPOSED
	RULES REQUIRED. (a) This section applies only to a rule proposed
	by a state agency:
	(1) the implementation and administration of which is
	anticipated to have an economic impact of $20 million or more, as
	determined by the agency; and
	(2) that is not an emergency rule.
	(b) A state agency shall file, on the same day it files
	notice with the secretary of state as required by Section 2001.023,
	a copy of each proposed rule with the officer or employee with whom
	bills are filed in each house of the legislature. After filing, the
	proposed 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 proposed 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
	rule is referred to a committee, the committee shall consider the
	rule at a committee meeting and vote on the rule. A proposed rule is
	approved by the unanimous vote of the committee's full membership.
	If the committee does not approve a proposed rule by unanimous vote
	of the committee's full membership, the rule is suspended. If a
	proposed 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 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 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
	proposed 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 proposed 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 proposed rule, the committee's
	suspension remains in effect.
	(e) If a proposed 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
	proposed rule. If a majority of members of that house vote to
	approve the proposed 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 proposed 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 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 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 rule is suspended under this
	section, the state agency that proposed the rule may not adopt a
	rule or emergency rule containing the substance of the suspended
	rule.
	SECTION 2. Section 2001.0321, Government Code, as added by
	this Act, applies only to a proposed state agency rule to which that
	section applies and for which notice of the rule as proposed is
	first published in the Texas Register under Section 2001.023,
	Government Code, on or after the effective date of this Act. A rule
	to which Section 2001.0321, Government Code, as added by this Act,
	applies and for which notice is published before the effective date
	of this Act is governed by the law in effect when the notice was
	published, and the former law is continued in effect for that
	purpose.
	SECTION 3. This Act takes effect January 1, 2022, but only
	if the constitutional amendment proposed by the 87th Legislature,
	Regular Session, 2021, 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.