82R13656 YDB-F
By: Watson S.B. No. 1537
A BILL TO BE ENTITLED
AN ACT
relating to the fiscal note associated with certain proposed state
agency rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2001.024, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) A fiscal note provided under Subsection (a)(4) must
assign an estimated dollar amount for any cost to a state or local
government in enforcing or administering a proposed rule. A state
agency may not determine that the cost to a state or local
government of enforcing or administering a proposed rule is
insignificant because the state or local government can pass on the
cost to a customer or other third party associated with the proposed
rule.
SECTION 2. Section 2001.0225(c), Government Code, is
amended to read as follows:
(c) When giving notice of a major environmental rule subject
to this section, a state agency shall incorporate into the fiscal
note required by Section 2001.024 a draft impact analysis
describing the anticipated effects of the proposed rule. The draft
impact analysis, at a minimum, must:
(1) identify the benefits that the agency anticipates
from adoption and implementation of the rule, including reduced
risks to human health, safety, or the environment;
(2) identify the costs, in an estimated dollar amount,
that the agency anticipates state agencies, local governments, the
public, and the regulated community will experience after
implementation of the rule;
(3) describe the benefits and costs anticipated from
implementation of the rule in as quantitative a manner as feasible,
but including a qualitative description when a quantitative
description is not feasible or adequately descriptive;
(4) describe reasonable alternative methods for
achieving the purpose of the rule that were considered by the agency
and provide the reasons for rejecting those alternatives in favor
of the proposed rule;
(5) identify the data and methodology used in
performing the analysis required by this section;
(6) provide an explanation of whether the proposed
rule specifies a single method of compliance, and, if so, explain
why the agency determines that a specified method of compliance is
preferable to adopting a flexible regulatory approach, such as a
performance-oriented, voluntary, or market-based approach;
(7) state that there is an opportunity for public
comment on the draft impact analysis under Section 2001.029 and
that all comments will be addressed in the publication of the final
regulatory analysis; and
(8) provide information in such a manner that a
reasonable person reading the analysis would be able to identify
the impacts of the proposed rule.
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.