The bill amends Section 2001.034 of the Government Code to establish new guidelines for the adoption and renewal of emergency rules by state agencies. It specifies that a state agency can only adopt an emergency rule during a period when a state of emergency or disaster declaration by the governor is in effect. The bill allows for the adoption of emergency rules without prior notice or with abbreviated notice, provided the agency finds that an imminent peril to public health, safety, or welfare necessitates such action. Additionally, the agency must document its reasons for this finding and inform the governor of its intent to adopt the rule.

The duration of emergency rules is also modified; they may now be effective for a maximum of 60 days, with a single renewal allowed for up to 30 days, down from the previous 120 and 60 days, respectively. Importantly, the bill introduces a requirement that a state agency must hold a public hearing with a comment period before renewing an emergency rule. These changes apply only to emergency rules proposed after the effective date of the Act, while rules proposed before that date will continue to be governed by the previous law.

Statutes affected:
Introduced: Government Code 2001.034 (Government Code 2001)