HBA-CMT, CBW S.B. 485 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 485 By: West, Royce State Affairs 5/17/2001 Engrossed BACKGROUND AND PURPOSE Currently, state agencies engaged in rulemaking may not always consider legislative intent when proposing rules. Also, many state agencies often do not inform legislative authors and sponsors about rules created from their respective bills, and the agencies are only required to publish proposed rules related to legislation in the Texas Register. This leaves a potential gap between a legislator's intent and the implementation of the resulting rule. Rules written by an agency can influence the effect of a piece of legislation, and such rules should reflect the intent of the legislation. Under current law, agencies with broad rulemaking authority may interpret legislation in a way that could directly conflict with the intent of the legislator as long as the rulemaking makes sense in the context of and does not conflict with the language of the legislation. Senate Bill 485 requires a state agency writing rules to review senate and house journals for the discussions that occurred relating to the law requiring rulemaking and requires the agency to inform each author and sponsor (legislator) of a pending rule at the agency, deliver a copy of the rule to the legislator, solicit the legislator's comments, and invite the legislator to participate on any advisory committees. 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 Senate Bill 485 amends the Government Code to require a state agency when adopting a rule to determine whether a statement or discussion of legislative intent was entered into the journals of the senate or the house of representatives, ensure that the proposed rule is consistent with the legislature's intent, and inform each author and sponsor of the legislation that delegated that specific rulemaking authority to the agency. The bill requires the state agency to deliver a copy of the notice of the proposed rule to the members of the legislature concurrently with the agency's filing of the notice with the secretary of state. Not later than the seventh day before the date the state agency considers the rule for final adoption, the agency is required to deliver a copy of the rule as proposed for final adoption to the member if the text of the rule differs from the text of the proposed rule published in the Texas Register. The bill also requires the agency to solicit comment from the member regarding the changed text of the proposed rule. The bill requires the agency to inform the member of the time and place of any public hearing or informal conference regarding the proposed rule, and invite the member to participate as a member of any advisory committee the state agency appoints in connection with the contemplated rulemaking. The bill requires the state agency to deliver a copy of an emergency rule and the written reasons for its adoption to the members of the legislature. The bill requires the agency to promptly furnish the member with a copy of the notice and inform the member of the time and place of any hearing if the agency gives an abbreviated notice or conducts a hearing in connection with the adoption of the emergency rule. The bill deletes provisions requiring each house of the legislature to establish a process for each proposed rule to be referred to the appropriate standing committee for review before adoption. The bill also deletes provisions requiring state agencies to deliver notice of a proposed rule to the lieutenant governor and speaker of the house when the agency files notice with the secretary of state, and authorizing a standing committee to send to an agency a statement supporting or opposing adoption of a proposed rule (Sec. 2001.032). The bill amends the information that must be included by an agency in the notice of a proposed rule (Sec. 2001.024). The bill amends the information that must be included in an order by an agency finally adopting a rule (Sec. 2001.033). The change in law made by this Act applies only in relation to a state agency rule for which notice of the rule as proposed is first published in the Texas Register on or after October 1, 2001 or an emergency rule adopted on or after September 15, 2001. EFFECTIVE DATE September 1, 2001.