82R2429 YDB-F
By: Rodriguez H.B. No. 352
A BILL TO BE ENTITLED
AN ACT
relating to a cost-benefit analysis of rules adopted or amended by
the supreme court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 22, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. COST-BENEFIT ANALYSIS OF
SUPREME COURT RULES AND RULE AMENDMENTS
Sec. 22.351. APPLICABILITY. This subchapter applies only
to rules and rule amendments adopted by the supreme court.
Sec. 22.352. LIMITATION ON ADOPTION OF RULES AND RULE
AMENDMENTS. The supreme court may not adopt or amend a rule under
Section 22.003, 22.004, 81.024, 81.0242, 81.072, 81.0753, 81.077,
or 81.102 unless the court complies with the requirements of this
subchapter.
Sec. 22.353. COST-BENEFIT ANALYSIS. Before adopting or
amending a rule subject to this subchapter, the supreme court shall
conduct a cost-benefit analysis that:
(1) identifies the problem the proposed rule or rule
amendment is intended to address;
(2) determines whether a new rule or rule amendment is
necessary to address the problem; and
(3) considers the benefits and costs of the proposed
rule or rule amendment in relation to this state's legal
profession, attorney disciplinary system, and court system and to
the public.
Sec. 22.354. DRAFT OF COST-BENEFIT ANALYSIS. (a) Not later
than the 90th day before the proposed effective date of a proposed
rule or rule amendment subject to this subchapter, the supreme
court shall:
(1) publish on its Internet website a draft of the
cost-benefit analysis describing the anticipated effects of the
proposed rule or rule amendment; and
(2) file a copy of the draft with:
(A) the governor's office;
(B) the Legislative Budget Board; and
(C) the presiding officer of each legislative
standing committee with subject matter jurisdiction over the state
judicial system.
(b) The draft of the cost-benefit analysis must, at a
minimum:
(1) identify the benefits the supreme court
anticipates from adoption and implementation of the rule or rule
amendment, including an estimate of:
(A) the increased protection provided to the
public and to attorneys' clients; and
(B) any beneficial effect on the cost of legal
services provided by attorneys to clients;
(2) identify the costs anticipated by the supreme
court after implementation of the rule or rule amendment to:
(A) this state's court system, attorney
disciplinary system, and legal profession;
(B) clients of attorneys in this state; and
(C) the public;
(3) describe the benefits and costs anticipated from
implementation of the rule or rule amendment with:
(A) a quantitative description to the extent
feasible; and
(B) a qualitative description when a
quantitative description is not feasible or is not adequately
descriptive;
(4) describe reasonable alternative methods for
achieving the purpose of the proposed rule or rule amendment that
the supreme court considered and provide the reasons the court
rejected those alternatives in favor of the proposed rule or rule
amendment; and
(5) include a provision that informs the public of its
opportunity to comment on the draft of the cost-benefit analysis
and of the supreme court's duty to review and consider all comments.
(c) The supreme court shall review and consider all comments
related to the draft of the cost-benefit analysis that are
submitted to the court.
Sec. 22.355. REPORT OF RULE OR RULE AMENDMENT. Not later
than the 45th day before the effective date of a rule or rule
amendment adopted by the supreme court, the supreme court shall
file a copy of the rule or rule amendment with:
(1) the governor's office;
(2) the Legislative Budget Board; and
(3) the presiding officer of each legislative standing
committee with subject matter jurisdiction over the state judicial
system.
SECTION 2. The change in law made by this Act applies only
to a rule amended or adopted by the Texas Supreme Court on or after
the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.