HBA-NIK H.B. 3124 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3124
By: Chisum
State Affairs
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no external body that validates the statements
published by state agencies regarding the impact of new rules.  Unless an
interested party contests the rules, the agency's analysis is accepted.
H.B. 3124 requires agencies to deliver a copy of their proposed rules to
certain state agencies for approval. 
 
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 2001.0265, as follows: 

Sec. 2001.0265. NOTICE TO COMPTROLLER AND OTHER OFFICES AND AGENCIES. (a)
Requires a state agency to deliver a copy of the notice to the comptroller,
the secretary of state, the Legislative Budget Board, the Sunset Advisory
Commission, the Texas Department of Economic Development, and the state
auditor on the day that the state agency files notice of a proposed rule
with the secretary of state under Section 2001.023 (Notice of Proposed
Rule).  Authorizes the state agency to deliver the notices by hand or by
electronic mail or facsimile transmission. 

(b) Requires the offices and agencies receiving a copy of the notice under
this section to determine within the 30-day period prescribed by Section
2001.023 whether the proposed rule is within the authority of the state
agency to adopt and whether the proposed rule's fiscal note and note about
public benefits and costs correctly describe the probable effect of the
rule. Authorizes the comptroller, after consulting the other offices and
agencies and within the 30-day period, to return the rule to the proposing
state agency for reconsideration if the comptroller determines that the
rule as proposed exceeds the agency's rulemaking authority or that the
proposed rule's fiscal note and note about public benefits and costs
incorrectly describe the probable effect of the rule. 

(c) Prohibits the state agency from adopting the rule if the comptroller
returns the rule under Subsection (b).  Authorizes the state agency to
publish notice of a revised proposed rule in accordance with Section
2001.023, Section 2001.024 (Content of Notice), this section, and other
applicable provisions of this subchapter. 

SECTION 2. Effective date: September 1, 1999. 
 Provides that the change in law made by this Act applies only to a
proposed state      agency rule for which notice is filed with the
secretary of state under Section     2001.023, Government Code, on or after
that date. 

SECTION 3. Emergency clause.