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.