By: Taylor of Collin S.B. No. 289
(In the Senate - Filed December 12, 2016; January 30, 2017,
read first time and referred to Committee on Business & Commerce;
April 5, 2017, reported favorably by the following vote: Yeas 8,
Nays 1; April 5, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the preparation of government growth impact statements
for rules proposed by state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2001, Government Code, is
amended by adding Section 2001.0221 to read as follows:
Sec. 2001.0221. GOVERNMENT GROWTH IMPACT STATEMENTS.
(a) A state agency shall prepare a government growth impact
statement for a proposed rule.
(b) A state agency shall reasonably describe in the
government growth impact statement whether, during the first five
years that the rule will be in effect:
(1) the rule creates or eliminates a government
program;
(2) implementation of the rule requires the creation
of new employee positions or the elimination of existing employee
positions;
(3) implementation of the rule requires an increase or
decrease in future legislative appropriations to the agency;
(4) the rule requires an increase or decrease in fees
paid to the agency;
(5) the rule creates a new regulation;
(6) the rule expands, limits, or repeals an existing
regulation;
(7) the rule increases or decreases the number of
individuals subject to the rule's applicability; and
(8) the rule positively or adversely affects the
state's economy.
(c) The comptroller shall adopt rules to implement this
section. The rules must require that the government growth impact
statement be in plain language. The comptroller may prescribe the
use of a chart that a state agency may use to disclose the items
required under Subsection (b).
(d) Each state agency shall incorporate the impact
statement into the notice required by Section 2001.024.
(e) This section applies to the adoption of an emergency
rule.
(f) Failure to comply with this section does not impair the
legal effect of a rule adopted under this chapter.
SECTION 2. Not later than October 1, 2017, the comptroller
of public accounts shall adopt rules under Section 2001.0221(c),
Government Code, as added by this Act.
SECTION 3. Section 2001.0221, Government Code, as added by
this Act, applies only to a proposed rule for which the notice
required under Section 2001.023(b), Government Code, is filed on or
after November 1, 2017.
SECTION 4. This Act takes effect September 1, 2017.
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