Texas 2019 - 86th Regular

Texas House Bill HB4112 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R14771 MAW-F
2	2	By: Paddie H.B. No. 4112
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the review of certain occupational licensing rules by
8	8	the office of the governor.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 57, Occupations Code, is amended by
11	11	designating Section 57.001 as Subchapter A and adding a subchapter
12	12	heading to read as follows:
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	SECTION 2. Chapter 57, Occupations Code, is amended by
15	15	adding Subchapter B, and a heading is added to that subchapter to
16	16	read as follows:
17	17	SUBCHAPTER B. GOVERNING BOARD MEMBERSHIP
18	18	SECTION 3. Section 57.002, Occupations Code, is transferred
19	19	to Subchapter B, Chapter 57, Occupations Code, as added by this Act,
20	20	and redesignated as Section 57.051, Occupations Code, to read as
21	21	follows:
22	22	Sec. 57.051 [57.002]. REQUIREMENTS FOR GOVERNING BOARD
23	23	MEMBERSHIP. A person may not be required to be a member of a private
24	24	trade association as a precondition to serving as a member of the
25	25	governing board of a state agency that issues a license or otherwise
26	26	regulates a business, occupation, or profession.
27	27	SECTION 4. Chapter 57, Occupations Code, is amended by
28	28	adding Subchapter C to read as follows:
29	29	SUBCHAPTER C. REVIEW OF STATE AGENCY RULES
30	30	Sec. 57.101. DEFINITION. In this subchapter, "division"
31	31	means the division of the governor's office established under this
32	32	subchapter.
33	33	Sec. 57.102. APPLICABILITY. This subchapter applies only
34	34	to a state agency with a governing board that is controlled by
35	35	persons who provide services that are regulated by the agency.
36	36	Sec. 57.103. ESTABLISHMENT OF DIVISION. (a) The governor
37	37	shall:
38	38	(1) establish a division to review state agency rules
39	39	in accordance with this subchapter; and
40	40	(2) appoint a director for the division to serve at the
41	41	pleasure of the governor.
42	42	(b) The director must be licensed to practice law in this
43	43	state and have experience in antitrust law.
44	44	Sec. 57.104. SUBMISSION OF CERTAIN STATE AGENCY RULES. (a)
45	45	A state agency that issues a license must submit any proposed rule
46	46	affecting market competition in this state relating to the
47	47	business, occupation, or profession for which a license is issued
48	48	to the division for review before the rule is adopted or
49	49	implemented. A state agency that issues a license must also submit
50	50	to the division for review any rule that the agency is considering
51	51	for readoption under Section 2001.039, Government Code, if the rule
52	52	affects market competition as described by this section.
53	53	(b) The state agency must include with the submission a
54	54	statement of the purpose for the proposed rule, copies of all
55	55	administrative records regarding the proposed rule, including any
56	56	information or comments the agency received from the public, and
57	57	any other information required by the division.
58	58	(c) For purposes of this section, a rule affects market
59	59	competition if the rule would, if implemented or readopted:
60	60	(1) create a barrier to market participation in this
61	61	state; or
62	62	(2) result in higher prices or reduced competition for
63	63	a product or service provided by a license holder in this state.
64	64	Sec. 57.105. REVIEW BY DIVISION. (a) The division shall
65	65	conduct a thorough, independent review of each proposed rule
66	66	submitted under Section 57.104 to determine:
67	67	(1) if the effect of the proposed rule on market
68	68	competition is consistent with applicable state policy; and
69	69	(2) whether the proposed rule promotes a clearly
70	70	articulated and affirmatively expressed policy as established by
71	71	the legislature to displace competition with government action.
72	72	(b) In conducting the review, the division may:
73	73	(1) request information from the state agency;
74	74	(2) require the state agency to conduct an analysis of
75	75	possible implications of the rule;
76	76	(3) solicit public comments; or
77	77	(4) hold public hearings.
78	78	(c) After review, the division shall:
79	79	(1) approve the proposed rule; or
80	80	(2) reject the proposed rule and return the rule to the
81	81	state agency with instructions for revising the rule to be
82	82	consistent with applicable state policy.
83	83	(d) A state agency may not finally adopt or implement a
84	84	proposed rule required to be submitted for review under this
85	85	subchapter unless the division has approved the rule under this
86	86	section.
87	87	(e) The division shall, for each proposed rule submitted
88	88	under this subchapter, provide to the state agency and make
89	89	available to the public an explanation of the division's reasons
90	90	for approving or rejecting the rule, including a discussion of the
91	91	division's determination regarding the consistency of the rule with
92	92	applicable state policy.
93	93	(f) The division may initiate a review of a proposed rule
94	94	that was not submitted for review under this subchapter if the
95	95	division has reason to believe that the proposed rule may have an
96	96	anticompetitive market effect. A state agency may not finally
97	97	adopt or implement a proposed rule for which the division has
98	98	initiated a review under this subsection unless the division
99	99	approves the rule in accordance with this section.
100	100	Sec. 57.106. RULEMAKING AUTHORITY. The division may adopt
101	101	rules to carry out this subchapter.
102	102	SECTION 5. This Act takes effect September 1, 2019.