82R8895 YDB-D
By: Cain H.B. No. 2953
A BILL TO BE ENTITLED
AN ACT
relating to the state agency concurrence required before certain
federal regulatory action is imposed on regulated business entities
in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 10, Government Code, is
amended by adding Chapter 2010 to read as follows:
CHAPTER 2010. STATE AGENCY CONCURRENCE
FOR CERTAIN FEDERAL REGULATORY ACTIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2010.001. DEFINITIONS. In this chapter:
(1) "Adversarial action" means any heavy-handed,
over-burdensome, unilateral, arbitrary, capricious, manufactured,
illegal, or other detrimental action of a federal agency against a
regulated business entity that a state agency considers
adversarial.
(2) "Federal agency" means an agency of the United
States government that has jurisdiction over a regulated business
entity in this state.
(3) "Regulated business entity" means a sole
proprietorship, partnership, firm, corporation, holding company,
joint-stock company, receivership, trust, or other entity
recognized by law that holds a license, certificate of
registration, permit, or other regulatory approval issued by a
state agency or that is otherwise regulated by a state agency. The
term does not include an individual who is regulated by a state
agency.
(4) "State agency" means a board, commission,
department, office, or other agency in the executive branch of
state government that is created by the constitution or a statute of
this state.
[Sections 2010.002-2010.050 reserved for expansion]
SUBCHAPTER B. STATE AGENCY POWERS AND DUTIES
Sec. 2010.051. PROCEDURES REQUIRED. (a) Each state agency
that regulates a regulated business entity shall by rule establish
procedures that a federal agency must follow before taking an
adversarial action against the regulated business entity.
(b) The procedures established under Subsection (a) must
require the federal agency to:
(1) obtain the state agency's concurrence with any
proposed adversarial action before proceeding with the action
against the regulated business entity; or
(2) negotiate with the state agency to reach
concurrence on an alternative action against the regulated business
entity.
[Sections 2010.052-2010.100 reserved for expansion]
SUBCHAPTER C. DEFENSE AND RELIEF
Sec. 2010.101. DEFENSE. A regulated business entity may
assert as a defense in any administrative or judicial proceeding to
enforce a statute or administrative rule of a federal agency that
the federal agency failed to comply with the procedures adopted by
the state agency under Section 2010.051.
Sec. 2010.102. RELIEF. A regulated business entity may
bring an action for declaratory judgment or injunctive or other
equitable relief if a federal agency violates the procedures
adopted by a state agency under Section 2010.051.
Sec. 2010.103. INITIAL BURDEN OF PERSUASION. A regulated
business entity that brings an action or asserts a defense under
this subchapter has the initial burden of persuasion that the
federal agency failed to comply with the procedures adopted by a
state agency under Section 2010.051.
Sec. 2010.104. CLEAR AND CONVINCING EVIDENCE. If the
regulated business entity meets the burden of persuasion under
Section 2010.103, the federal agency must then demonstrate by clear
and convincing evidence that the federal agency complied with the
procedures adopted under Section 2010.051.
SECTION 2. Not later than December 1, 2011, each state
agency that regulates a regulated business entity shall adopt rules
to establish the procedures required by Chapter 2010, Government
Code, as added by this Act.
SECTION 3. Chapter 2010, Government Code, as added by this
Act, applies only to an adversarial action by a federal agency on or
after January 1, 2012.
SECTION 4. This Act takes effect September 1, 2011.