| 2 | | - | (In the Senate - Filed November 14, 2016; January 25, 2017, |
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| 3 | | - | read first time and referred to Committee on Business & Commerce; |
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| 4 | | - | April 24, 2017, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 8, Nays 0; April 24, 2017, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 210 By: Creighton |
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| 2 | + | Hall |
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| 9 | 3 | | |
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| 10 | 4 | | |
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| 11 | 5 | | A BILL TO BE ENTITLED |
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| 12 | 6 | | AN ACT |
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| 13 | 7 | | relating to the required repeal or amendment of two state agency |
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| 14 | 8 | | rules before adoption of a new state agency rule that increases |
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| 15 | 9 | | costs to regulated persons. |
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| 16 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 17 | 11 | | SECTION 1. Subchapter A, Chapter 2001, Government Code, is |
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| 18 | 12 | | amended by adding Section 2001.0045 to read as follows: |
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| 19 | 13 | | Sec. 2001.0045. REQUIREMENT FOR RULE INCREASING COSTS TO |
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| 20 | 14 | | REGULATED PERSONS. (a) In this section, "state agency" has the |
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| 21 | 15 | | meaning assigned by Section 2001.006. |
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| 22 | 16 | | (b) Except as provided by Subsection (c), a state agency may |
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| 23 | 17 | | not adopt a proposed rule for which the fiscal note for the notice |
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| 24 | 18 | | required by Section 2001.024 states that the rule imposes a cost on |
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| 25 | 19 | | any regulated person, including another state agency, a special |
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| 26 | 20 | | district, and a local government, unless on or before the effective |
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| 27 | 21 | | date of the proposed rule the state agency: |
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| 28 | 22 | | (1) repeals two state agency rules that impose total |
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| 29 | 23 | | costs on the person in an amount equal to or greater than the cost |
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| 30 | 24 | | imposed on the person by the proposed rule; |
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| 31 | 25 | | (2) amends two state agency rules to decrease the |
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| 32 | 26 | | total costs imposed on the person by an amount equal to or greater |
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| 33 | 27 | | than the cost imposed on the person by the proposed rule; or |
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| 34 | 28 | | (3) repeals one state agency rule and amends one state |
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| 35 | 29 | | agency rule to decrease the total costs imposed on the person by an |
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| 36 | 30 | | amount equal to or less than the proposed rule. |
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| 37 | 31 | | (c) This section does not apply to a rule that: |
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| 44 | 41 | | (d) Each state agency that adopts a rule subject to this |
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| 45 | 42 | | section shall comply with the requirements imposed by Subchapter B |
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| 46 | 43 | | and Chapter 2002 for publication in the Texas Register. |
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| 47 | 44 | | SECTION 2. Section 2001.0045, Government Code, as added by |
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| 48 | 45 | | this Act, applies only to a rule proposed by a state agency on or |
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| 49 | 46 | | after the effective date of this Act. A rule proposed before that |
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| 50 | 47 | | date is governed by the law in effect on the date the rule was |
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| 51 | 48 | | proposed, and the former law is continued in effect for that |
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| 52 | 49 | | purpose. |
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| 53 | 50 | | SECTION 3. This Act takes effect only if a specific |
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| 54 | 51 | | appropriation for the implementation of the Act is provided in a |
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| 55 | 52 | | general appropriations act of the 85th Legislature. |
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| 56 | 53 | | SECTION 4. This Act takes effect September 1, 2017. |
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