HBA-MPA H.B. 432 76(R) BILL ANALYSIS
Office of House Bill AnalysisH.B. 432
By: Turner, Bob
State Affairs
2/5/1999
Introduced
BACKGROUND AND PURPOSE
Currently, after the legislature passes a law it often becomes the
responsibility of a state agency to implement the law using its rulemaking
authority. For the most part, implementation and rulemaking occurs during
the interim, after legislators have gone home, creating the potential that
state agencies might misinterpret the intent of the legislature. H.B. 432
establishes a process whereby members of the legislature may review and
comment upon rules proposed by state agencies. Under this bill lawmakers
and agency employees who cannot agree on rules, lawmakers may formally
request the governor to suspend a rule or proposed rule.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter B, Chapter 2001, Government Code, by adding
Section 2001.0321, as follows:
Sec. 2001.0321. INDEPENDENT REVIEW OF RULES; SUSPENSION OF RULE BY
GOVERNOR. (a) Authorizes the chair of any standing committee of either
house or the author or sponsor of the legislation under which a rule or
proposed rule is authorized, to request the presiding officer of that house
to initiate an independent review of a rule adopted or proposed by a state
agency, including an emergency rule, unless that rule has been in effect
for over 180 days. Requires the presiding officer to notify the
petitioning chair or requesting author or sponsor, no later than the 10th
day after the request is made, whether the review will be conducted and
refer the rule to the appropriate standing committee if the presiding
officer determines that a review of the rule is appropriate.
(b) Requires a standing committee to review any proposed or adopted rule
referred to it. Authorizes the committee to hold a public hearing or
meeting on the rule or proposed rule. Requires the committee to consider
whether the rule: is authorized by law and is consistent with the law's
scope and intent; complies with other applicable laws; justifiably
satisfies the legislative intent of the authorizing law and the
requirements of other applicable law compared to available alternatives in
terms of the costs and burdens placed on the state, the public, and persons
affected by the rule.
(c) Authorizes the committee, by majority vote, to recommend that the
presiding officer of the appropriate house request the governor to suspend
the rule or proposed rule.
(d) Authorizes the committee to meet by telephone conference to consider a
rule or proposed rule, provided that at least one specified location of the
meeting has facilities making the meeting audible to the public. Requires
that the meeting be recorded on audio tape and the tape recording be made
available to the public.
(e) Authorizes the committee chair, as an alternative to holding a meeting,
to notify the committee members that a rule or proposed rule has been
referred to the committee and to provide each member with a ballot to vote
on the rule or on whether the committee recommends that the presiding
officer request the governor suspend the rule. Requires the chair to give
each member the opportunity to vote by mail or facsimile. Provides that
any committee deliberation be in writing, and occur in public meeting, or
in a telephone conference.
(f) Requires that the committee chair, if the committee recommends the that
the governor suspend the rule, provide written notice of the committee
recommendation to the presiding officer of the appropriate house, each
member of the house that established the committee, and the state agency
that adopted or proposed the rule, not later than 10 days after the
recommendation is made.
(g) Authorizes a member of the house where the recommendation is made to
file a written objection or statement of support for the recommendation
with the presiding officer of that house not more than 20 days after the
committee's action.
(h) Authorizes the presiding officer, not more than 20 days after receiving
from the committee a recommendation to suspend a rule or proposed rule, to
request the governor to do so. Requires the presiding officer to consider
any objections or statements of support filed by members of the house under
Subsection (g). Requires that if the presiding officer requests the
governor to suspend the rule or proposed rule, the presiding officer
provide written notice to the governor, the state agency adopting or
proposing the rule, the secretary of state, and the presiding officer of
the other house.
(i) Authorizes the governor, on the request of the presiding officer of
either house, to suspend by proclamation an adopted or proposed rule.
Requires the governor to consider the items listed in Subsection (b) and
state the grounds for that suspension. Provides that the governor must
state a date on which the suspension takes effect, which may not be earlier
than 30 days after the proclamation. Requires that within five days of the
date of the proclamation the governor is to deliver a certified copy of the
proclamation to the agency that adopted or proposed the rule, and file a
notice of the proclamation with the secretary of state for publication in
the Texas Register.
(j) Prohibits the agency that adopted or proposed a rule suspended under
this section from adopting a rule containing the substance of the rule
suspended before the second anniversary of the date of the suspension of
that rule takes effect, unless the governor by proclamation consents to the
adoption of the rule. Provides that the agency may adopt such a rule on or
after the second anniversary of the suspension.
SECTION 2. Repealer: Section 2001.032 Legislative Review, Government Code.
Subsection (c) provides that "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. Emergency clause.
Effective date: upon passage.