Texas 2017 - 85th Regular

Texas House Bill HB3433 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3433
	1	+	By: Lambert, et al. (Senate Sponsor - Perry) H.B. No. 3433
	2	+	(In the Senate - Received from the House May 10, 2017;
	3	+	May 12, 2017, read first time and referred to Committee on
	4	+	Agriculture, Water & Rural Affairs; May 17, 2017, reported
	5	+	favorably by the following vote: Yeas 7, Nays 0; May 17, 2017, sent
	6	+	to printer.)
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the adoption by state agencies of rules affecting rural
6	12		communities.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. The heading to Chapter 2006, Government Code, is
9	15		amended to read as follows:
10	16		CHAPTER 2006. AGENCY ACTIONS AFFECTING SMALL BUSINESSES AND RURAL
11	17		COMMUNITIES
12	18		SECTION 2. Section 2006.001, Government Code, is amended by
13	19		adding Subdivision (1-a) to read as follows:
14	20		(1-a) "Rural community" means a municipality with a
15	21		population of less than 25,000.
16	22		SECTION 3. Sections 2006.002(a), (b), (c), (c-1), (d), and
17	23		(g), Government Code, are amended to read as follows:
18	24		(a) A state agency considering adoption of a rule that would
19	25		have an adverse economic effect on small businesses, [or]
20	26		micro-businesses, or rural communities shall reduce that effect if
21	27		doing so is legal and feasible considering the purpose of the
22	28		statute under which the rule is to be adopted.
23	29		(b) To reduce an adverse effect on small businesses and
24	30		rural communities, as applicable, an agency may:
25	31		(1) establish separate compliance or reporting
26	32		requirements for small businesses and rural communities;
27	33		(2) use performance standards in place of design
28	34		standards for small businesses and rural communities; or
29	35		(3) exempt small businesses and rural communities from
30	36		all or part of the rule.
31	37		(c) Before adopting a rule that may have an adverse economic
32	38		effect on small businesses or rural communities, as applicable, a
33	39		state agency shall prepare:
34	40		(1) an economic impact statement that estimates the
35	41		number of small businesses or rural communities subject to the
36	42		proposed rule, projects the economic impact of the rule on small
37	43		businesses or rural communities, and describes alternative methods
38	44		of achieving the purpose of the proposed rule; and
39	45		(2) a regulatory flexibility analysis that includes
40	46		the agency's consideration of alternative methods of achieving the
41	47		purpose of the proposed rule.
42	48		(c-1) The analysis under Subsection (c) shall consider, if
43	49		consistent with the health, safety, and environmental and economic
44	50		welfare of the state, using regulatory methods that will accomplish
45	51		the objectives of applicable rules while minimizing adverse impacts
46	52		on small businesses or rural communities, as applicable. The state
47	53		agency must include in the analysis several proposed methods of
48	54		reducing the adverse impact of a proposed rule on a small business
49	55		or rural community.
50	56		(d) The agency shall include the economic impact statement
51	57		and regulatory flexibility analysis as part of the notice of the
52	58		proposed rule that the agency files with the secretary of state for
53	59		publication in the Texas Register and shall provide copies to:
54	60		(1) the standing committee of each house of the
55	61		legislature that is charged with reviewing the proposed rule; and
56	62		(2) if feasible, each member of the legislature who
57	63		represents a rural community adversely impacted by the proposed
58	64		rule.
59	65		(g) The attorney general, in consultation with the
60	66		comptroller, shall prepare guidelines to assist a state agency:
61	67		(1) in determining a proposed rule's potential adverse
62	68		economic effects on small businesses and rural communities, as
63	69		applicable; and
64	70		(2) in identifying and evaluating alternative methods
65	71		of achieving the purpose of a proposed rule.
66	72		SECTION 4. Subchapter A, Chapter 2006, Government Code, as
67	73		amended by this Act, applies only to a rule proposed by a state
68	74		agency on or after the effective date of this Act. A rule proposed
69	75		before that date is governed by the law in effect on the date the
70	76		rule was proposed, and the former law is continued in effect for
71	77		that purpose.
72	78		SECTION 5. This Act takes effect September 1, 2017.
73		-	______________________________ ______________________________
74		-	President of the Senate Speaker of the House
75		-	I certify that H.B. No. 3433 was passed by the House on May 9,
76		-	2017, by the following vote: Yeas 142, Nays 3, 2 present, not
77		-	voting.
78		-	______________________________
79		-	Chief Clerk of the House
80		-	I certify that H.B. No. 3433 was passed by the Senate on May
81		-	19, 2017, by the following vote: Yeas 31, Nays 0.
82		-	______________________________
83		-	Secretary of the Senate
84		-	APPROVED: _____________________
85		-	Date
86		-	_____________________
87		-	Governor
	79	+	* * * * *