HB3836 - Relating to a requirement that certain rules proposed by state agencies in the executive branch of state government be approved by certain elected state officials.

  89R1318 CJC-D     By: Curry H.B. No. 3836       A BILL TO BE ENTITLED   AN ACT   relating to a requirement that certain rules proposed by state   agencies in the executive branch of state government be approved by   certain elected state officials.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2001.024, Government Code, is amended by   adding Subsection (e) to read as follows:           (e)     This subsection applies only to a rule proposed by a   state agency in the executive branch of state government. In   addition to any other requirement under this section, the notice of   a proposed rule to which this subsection applies must include a   certification that the rule has been reviewed and approved by the   governor or, if the state agency providing notice of the proposed   rule is governed by one or more elected state officers, an elected   state officer of that agency. The certification must be signed by   the governor or an elected state officer of the agency, as   applicable.          SECTION 2.  Section 2001.034, Government Code, is amended by   adding Subsection (e) to read as follows:           (e)     This subsection applies only to an emergency rule   proposed under this section by a state agency in the executive   branch of state government. Not later than the 10th day after the   date a state agency adopts an emergency rule to which this   subsection applies, the agency must submit the rule for approval by   the governor or, if the agency submitting the rule for approval is   governed by one or more elected state officers, an elected state   officer of that agency. Notwithstanding Subsection (c) of this   section, if the governor or an elected state officer of the agency,   as applicable, does not approve the emergency rule, the emergency   rule may not be renewed by the agency and a rule that is   substantially the same as the disapproved emergency rule may not be   adopted by the agency under Sections 2001.023 and 2001.029.          SECTION 3.  The changes in law made by this Act apply only to   a state agency rule proposed on or after the effective date of this   Act. A 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 4.  This Act takes effect September 1, 2025.