HBA-JLV H.B. 1430 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1430
By: Danburg
State Affairs
2/26/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Administrative Code (administrative code) is the compilation of
all state agency rules in Texas. The administrative code was created by the
Texas Legislature under the Administrative Code Act and the legislature
directed the Office of the Secretary of State to compile, index, and
publish the administrative code.  Rules adopted by abolished agencies or
rules declared invalid by a final court judgment may still appear in the
code.  As a result, there are concerns that the code has become cluttered
with unnecessary and obsolete rules.  House Bill 1430 requires the
secretary of state to remove a state agency's rules from the administrative
code after the agency has been abolished, if the rules have been declared
invalid, or if the legislature has transferred the abolished agency's rules
to another agency, and to transfer the rules to the appropriate place in
the administrative code. 

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. 

ANALYSIS

House Bill 1430 amends the Government Code to provide for the expiration of
all rules that have been adopted by an abolished state agency at the
expiration of the concluding one-year period.  The bill requires the
secretary of state to remove a state agency's rules from the Texas
Administrative Code after the agency has been abolished.  If the
legislature transfers the abolished agency's rules to another state agency,
the bill requires the secretary of state to transfer the rules to the
appropriate place in the administrative code.  The bill requires a state
agency to repeal a rule that has been declared invalid by a final court
judgment.  
EFFECTIVE DATE

September 1, 2001.