| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | A BILL TO BE ENTITLED |
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| 10 | 6 | | AN ACT |
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| 11 | 7 | | relating to the preparation of government growth impact statements |
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| 12 | 8 | | for rules proposed by state agencies. |
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| 13 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 10 | | SECTION 1. Subchapter B, Chapter 2001, Government Code, is |
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| 15 | 11 | | amended by adding Section 2001.0221 to read as follows: |
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| 16 | 12 | | Sec. 2001.0221. GOVERNMENT GROWTH IMPACT STATEMENTS. |
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| 17 | 13 | | (a) A state agency shall prepare a government growth impact |
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| 18 | 14 | | statement for a proposed rule. |
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| 19 | 15 | | (b) A state agency shall reasonably describe in the |
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| 20 | 16 | | government growth impact statement whether, during the first five |
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| 21 | 17 | | years that the rule will be in effect: |
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| 22 | 18 | | (1) the rule creates or eliminates a government |
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| 23 | 19 | | program; |
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| 24 | 20 | | (2) implementation of the rule requires the creation |
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| 25 | 21 | | of new employee positions or the elimination of existing employee |
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| 26 | 22 | | positions; |
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| 27 | 23 | | (3) implementation of the rule requires an increase or |
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| 28 | 24 | | decrease in future legislative appropriations to the agency; |
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| 29 | 25 | | (4) the rule requires an increase or decrease in fees |
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| 30 | 26 | | paid to the agency; |
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| 31 | 27 | | (5) the rule creates a new regulation; |
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| 32 | 28 | | (6) the rule expands, limits, or repeals an existing |
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| 33 | 29 | | regulation; |
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| 34 | 30 | | (7) the rule increases or decreases the number of |
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| 35 | 31 | | individuals subject to the rule's applicability; and |
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| 36 | 32 | | (8) the rule positively or adversely affects the |
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| 37 | 33 | | state's economy. |
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| 38 | 34 | | (c) The comptroller shall adopt rules to implement this |
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| 39 | 35 | | section. The rules must require that the government growth impact |
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| 40 | 36 | | statement be in plain language. The comptroller may prescribe the |
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| 41 | 37 | | use of a chart that a state agency may use to disclose the items |
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| 42 | 38 | | required under Subsection (b). |
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| 43 | 39 | | (d) Each state agency shall incorporate the impact |
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| 44 | 40 | | statement into the notice required by Section 2001.024. |
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| 45 | 41 | | (e) This section applies to the adoption of an emergency |
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| 46 | 42 | | rule. |
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| 47 | 43 | | (f) Failure to comply with this section does not impair the |
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| 48 | 44 | | legal effect of a rule adopted under this chapter. |
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| 49 | 45 | | SECTION 2. Not later than October 1, 2017, the comptroller |
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| 50 | 46 | | of public accounts shall adopt rules under Section 2001.0221(c), |
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| 51 | 47 | | Government Code, as added by this Act. |
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| 52 | 48 | | SECTION 3. Section 2001.0221, Government Code, as added by |
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| 53 | 49 | | this Act, applies only to a proposed rule for which the notice |
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| 54 | 50 | | required under Section 2001.023(b), Government Code, is filed on or |
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| 55 | 51 | | after November 1, 2017. |
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| 56 | 52 | | SECTION 4. This Act takes effect September 1, 2017. |
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