H.B. No. 3433
AN ACT
relating to the adoption by state agencies of rules affecting rural
communities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 2006, Government Code, is
amended to read as follows:
CHAPTER 2006. AGENCY ACTIONS AFFECTING SMALL BUSINESSES AND RURAL
COMMUNITIES
SECTION 2. Section 2006.001, Government Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Rural community" means a municipality with a
population of less than 25,000.
SECTION 3. Sections 2006.002(a), (b), (c), (c-1), (d), and
(g), Government Code, are amended to read as follows:
(a) A state agency considering adoption of a rule that would
have an adverse economic effect on small businesses, [or]
micro-businesses, or rural communities shall reduce that effect if
doing so is legal and feasible considering the purpose of the
statute under which the rule is to be adopted.
(b) To reduce an adverse effect on small businesses and
rural communities, as applicable, an agency may:
(1) establish separate compliance or reporting
requirements for small businesses and rural communities;
(2) use performance standards in place of design
standards for small businesses and rural communities; or
(3) exempt small businesses and rural communities from
all or part of the rule.
(c) Before adopting a rule that may have an adverse economic
effect on small businesses or rural communities, as applicable, a
state agency shall prepare:
(1) an economic impact statement that estimates the
number of small businesses or rural communities subject to the
proposed rule, projects the economic impact of the rule on small
businesses or rural communities, and describes alternative methods
of achieving the purpose of the proposed rule; and
(2) a regulatory flexibility analysis that includes
the agency's consideration of alternative methods of achieving the
purpose of the proposed rule.
(c-1) The analysis under Subsection (c) shall consider, if
consistent with the health, safety, and environmental and economic
welfare of the state, using regulatory methods that will accomplish
the objectives of applicable rules while minimizing adverse impacts
on small businesses or rural communities, as applicable. The state
agency must include in the analysis several proposed methods of
reducing the adverse impact of a proposed rule on a small business
or rural community.
(d) The agency shall include the economic impact statement
and regulatory flexibility analysis as part of the notice of the
proposed rule that the agency files with the secretary of state for
publication in the Texas Register and shall provide copies to:
(1) the standing committee of each house of the
legislature that is charged with reviewing the proposed rule; and
(2) if feasible, each member of the legislature who
represents a rural community adversely impacted by the proposed
rule.
(g) The attorney general, in consultation with the
comptroller, shall prepare guidelines to assist a state agency:
(1) in determining a proposed rule's potential adverse
economic effects on small businesses and rural communities, as
applicable; and
(2) in identifying and evaluating alternative methods
of achieving the purpose of a proposed rule.
SECTION 4. Subchapter A, Chapter 2006, Government Code, as
amended by this Act, applies only to a rule proposed by a state
agency on or after the effective date of this Act. A rule proposed
before that date is governed by the law in effect on the date the
rule was proposed, and the former law is continued in effect for
that purpose.
SECTION 5. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3433 was passed by the House on May 9,
2017, by the following vote: Yeas 142, Nays 3, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3433 was passed by the Senate on May
19, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor