85R3722 YDB-F
By: Kolkhorst S.B. No. 210
A BILL TO BE ENTITLED
AN ACT
relating to the required repeal or amendment of two state agency
rules before adoption of a new state agency rule that increases
costs to regulated persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 2001, Government Code, is
amended by adding Section 2001.0045 to read as follows:
Sec. 2001.0045. REQUIREMENT FOR RULE INCREASING COSTS TO
REGULATED PERSONS. (a) In this section, "state agency" has the
meaning assigned by Section 2001.006.
(b) Except as provided by Subsection (c), a state agency may
not adopt a proposed rule that imposes a cost on any regulated
person, including another state agency, a special district, and a
local government, unless:
(1) on or before the effective date of the proposed
rule the state agency:
(A) repeals two state agency rules that impose
total costs on the person in an amount equal to or greater than the
cost imposed on the person by the proposed rule;
(B) amends two state agency rules to decrease the
total costs imposed on the person by an amount equal to or greater
than the cost imposed on the person by the proposed rule; or
(C) repeals one state agency rule and amends one
state agency rule to decrease the total costs imposed on the person
by an amount equal to or less than the proposed rule; and
(2) the comptroller certifies in writing that the
proposed rule meets the requirements of Subdivision (1).
(c) This section does not apply to a rule that:
(1) relates to state agency procurement; or
(2) is amended to:
(A) reduce the burden or responsibilities
imposed on a regulated person by the rule; or
(B) decrease the person's cost for compliance
with the rule.
(d) Each state agency that adopts a rule subject to this
section shall comply with the requirements imposed by Subchapter B
and Chapter 2002 for publication in the Texas Register and include
with the publication a copy of the certification required by
Subsection (b)(2).
SECTION 2. Section 2001.0045, Government Code, as added 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 3. This Act takes effect September 1, 2017.