HBA-KDB, CBW H.B. 129 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 129 By: West, George "Buddy" State Affairs 2/14/2001 Introduced BACKGROUND AND PURPOSE In 1999, President Clinton issued Executive Order 13132, entitled "Federalism," outlining the division of governmental responsibilities between the national government and the states. House Bill 129 establishes the State Regulatory Responsibility Act to instruct state agencies to determine when to comply with a federal guideline, submit to federal preemption, and comply with a federal regulatory mandate in a manner consistent with Executive Order 13132. 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 129 amends the Government Code to create the State Regulatory Responsibility Act to instruct state agencies and other state governmental entities to determine when to comply with a federal guideline, submit to federal preemption, and comply with a federal regulatory mandate. The bill provides that an agency or entity may not comply with a guideline or requirement of a federal agency if the guideline or requirement is not consistent with state law, unless the guideline or requirement is clearly expressed in a federal statute or a federal substantive rule adopted in compliance with the Administrative Procedure Act. The bill provides that an agency or entity may not fail to implement a state law, rule, or order because of federal preemption unless the agency or entity receives an opinion from the attorney general that federal preemption is required by the United States Constitution. The bill provides that an agency or entity may not comply with a federal regulatory mandate that requires any state action protected against federal compulsion by the Tenth Amendment or any other provision of the United States Constitution unless the state agrees to act as a condition of receipt of federal funds or delegation of a federal program. The bill requires an ambiguity in a condition relating to compliance with federal regulatory mandates to be construed to avoid federal control over a state governmental function. The bill prohibits an agency or entity from agreeing to a condition relating to compliance with federal regulatory mandates unless any necessary federal funds are adequate to pay for the costs of implementing the program, the agency or entity has express authority under state law to implement the program, and the act does not conflict with state law. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.