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.