HB1259 - Relating to the establishment of the State Agency Rules Review Commission and the procedures by which state agencies adopt rules.

  89R1590 CJC-F     By: Tepper H.B. No. 1259       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of the State Agency Rules Review   Commission and the procedures by which state agencies adopt rules.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 3, Government Code, is amended   by adding Chapter 330 to read as follows:   CHAPTER 330. STATE AGENCY RULES REVIEW COMMISSION   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 330.0001.  DEFINITIONS. In this chapter:                 (1)     "Commission" means the State Agency Rules Review   Commission.                 (2)     "Final rule" means a rule adopted by a state agency   that has not been approved by the commission. The term does not   include an emergency rule adopted under Section 2001.034.                 (3)     "Revised rule" means a final rule that has been   revised by the agency in response to an objection by the commission   to a prior version of the rule.                 (4)     "Rule" has the meaning assigned by Section   2001.003.                 (5)     "State agency" means a state officer, board,   commission, or department with statewide jurisdiction that makes   rules.           Sec.   330.0002.     APPLICABILITY OF PUBLIC MEETING AND PUBLIC   INFORMATION LAW. The commission is subject to Chapters 551 and 552.           Sec.   330.0003.     RULES. (a) The commission shall adopt rules   as necessary to carry out this chapter.           (b)  Chapter 2001 applies to the commission.           Sec.   330.0004.     SUNSET PROVISION. (a) The commission is   subject to a limited review under Chapter 325 (Texas Sunset Act) but   may not be abolished under that chapter. The limited review must   assess the commission's:                 (1)  governance;                 (2)  management;                 (3)  operating structure; and                 (4)  compliance with legislative requirements.           (b)     The commission shall be reviewed as provided by this   section every 12th year after the year the commission is first   reviewed.           (c)     The first review of the commission shall be completed   not later than December 31, 2030. This subsection expires August   31, 2031.   SUBCHAPTER B. ESTABLISHMENT AND GOVERNANCE           Sec.   330.0051.     STATE AGENCY RULES REVIEW COMMISSION. The   State Agency Rules Review Commission is established as an agency of   the legislative branch of state government.           Sec.   330.0052.     MEMBERSHIP. (a) The commission consists   of:                 (1)     four senators appointed by the lieutenant   governor;                 (2)     four members of the house of representatives   appointed by the speaker of the house of representatives; and                 (3)  three public members appointed by the governor.           (b)     The governor, lieutenant governor, and speaker of the   house of representatives shall appoint a chair and two vice chairs   as the presiding officers of the commission. The positions of chair   and vice chairs must alternate every two years between the three   membership groups appointed by the governor, lieutenant governor,   and speaker of the house of representatives under Subsection (a).   The governor, lieutenant governor, and speaker of the house of   representatives shall each designate a presiding officer from their   appointed membership group. The chair and the vice chairs may not   be from the same membership group.           (c)     A public member acts on behalf of the legislature when   participating on the commission in furtherance of the legislature's   duty to provide oversight of the process by which state agencies   adopt rules.           Sec.   330.0053.     TERMS; VACANCY. (a) Members of the   commission serve two-year terms.           (b)     Members appointed by the lieutenant governor and   speaker of the house of representatives serve terms staggered so   that the terms of half of the members appointed by the lieutenant   governor and the terms of half of the members appointed by the   speaker of the house of representatives expire September 1 of each   odd-numbered year. Members appointed by the governor serve terms   that expire September 1 of each odd-numbered year.           (c)     If a vacancy occurs, the appropriate appointing   authority shall appoint a person to serve for the remainder of the   unexpired term in the same manner as the original appointment.           (d)     If a member of the legislature appointed to the   commission ceases to be a member of the house of the legislature   from which the member was appointed, the member vacates the   member's place on the commission.           Sec.   330.0054.     LIMITATION ON TERM OF SERVICE. (a) An   individual is not eligible for reappointment to another term or   part of a term on the commission:                 (1)     if the individual is a member of the legislature   and has served two terms on the commission; or                 (2)     if the member is a public member and has served   three terms on the commission.           (b)     For purposes of this section, an individual is   considered to have served a term if the individual served more than   half of the term.           Sec.   330.0055.     ELIGIBILITY PROVISIONS APPLICABLE TO PUBLIC   MEMBERS. An individual is not eligible for appointment to or   service on the commission as a public member if the individual or   the individual's spouse is:                 (1)     regulated by a state agency whose rules the   commission will review during the term for which the individual   would serve;                 (2)     employed by, participates in the management of, or   directly or indirectly has more than a 10 percent ownership   interest in a business entity or other organization regulated by a   state agency whose rules the commission will review during the term   for which the individual would serve; or                 (3)     required to register as a lobbyist under Chapter   305 because of the individual's activities for compensation on   behalf of a profession or entity related to the operation of an   agency whose rules are subject to review under this chapter.           Sec.   330.0056.     REMOVAL OF PUBLIC MEMBER. (a) It is a   ground for removal of a public member appointed to the commission   that the member, for a reason provided under Section 330.0055:                 (1)     was not eligible for appointment to the commission   at the time of appointment; or                 (2)     is not eligible to continue to serve on the   commission.           (b)     The validity of an action by the commission is not   affected by the fact that the action was taken when a ground for   removal of a public member of the commission existed.           Sec.   330.0057.     QUORUM; ACTION BY COMMISSION. (a) Six   members of the commission constitute a quorum.           (b)     A final action may not be taken or recommendation may   not be made by the commission unless the action or recommendation is   approved by a record vote of a majority of the members of the   commission.           Sec.   330.0058.     EXPENSES. (a) A member of the commission is   entitled to reimbursement for actual and necessary expenses   incurred by the member in performing commission duties.           (b)     A member of the commission who is a member of the   legislature is entitled to reimbursement from the appropriate fund   of the member's respective house.           (c)     A public member of the commission is entitled to   reimbursement from money appropriated to the commission for that   purpose.           Sec.   330.0059.     EXECUTIVE DIRECTOR; EMPLOYEES. (a) The   commission shall employ an executive director to act as the   executive head of the commission.           (b)     The executive director shall employ persons necessary   to carry out this chapter using money appropriated to the   commission by the legislature for that purpose.           Sec.   330.0060.     EMPLOYMENT OF STAFF BY MEMBER. (a) A member   of the commission may employ a staff to work for the member on   matters related to the member's service on the commission.           (b)     Unless an appropriation is made to the commission   specifically for the purpose of paying staff employed by the   members of the commission, members are responsible for paying the   costs associated with the members' staff.   SUBCHAPTER C. REVIEW OF RULES; EFFECT OF REVIEW           Sec.   330.0101.     REVIEW OF FINAL RULE BY COMMISSION. (a) A   state agency shall submit each final rule adopted by the agency to   the commission on the date the agency by order finally adopts the   rule.           (b)     Not later than the 30th day after the date the   commission receives a rule from a state agency, the commission   shall determine whether:                 (1)  the agency that adopted the rule:                       (A)  has the authority to adopt the rule; and                       (B)     complied with Chapter 2001 when adopting the   rule; and                 (2)  the rule is:                       (A)  clear and unambiguous; and                       (B)     reasonably necessary to implement or   interpret an enactment of the legislature or a federal statute or   regulation.           (c)     Not later than the fifth day after the date the   commission makes a determination under Subsection (b), the   commission shall:                 (1)     if the commission determines that the requirements   of Subsection (b) are satisfied:                       (A)  approve the rule; and                       (B)     notify the state agency that adopted the rule   and the secretary of state of the commission's approval of the rule;   or                 (2)     if the commission determines that the requirements   of Subsection (b) are not satisfied:                       (A)  return the rule to the agency; and           [Text truncated for display. 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