| 1 | 1 | | 87R8066 CJC-D |
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| 2 | 2 | | By: Meza H.B. No. 2513 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to procedures for notice and the adoption of state agency |
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| 8 | 8 | | emergency rules that restrict access to residents of long-term care |
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| 9 | 9 | | facilities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 2001.026, Government Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 2001.026. NOTICE TO PERSONS REQUESTING ADVANCE NOTICE |
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| 14 | 14 | | OF PROPOSED RULES. (a) A state agency shall mail notice of a |
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| 15 | 15 | | proposed rule to each person who has made a timely written request |
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| 16 | 16 | | of the agency for advance notice of its rulemaking proceedings. |
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| 17 | 17 | | Failure to mail the notice does not invalidate an action taken or |
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| 18 | 18 | | rule adopted. |
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| 19 | 19 | | (b) A state agency shall, using the system adopted by the |
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| 20 | 20 | | agency for electronic delivery of information, deliver advance |
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| 21 | 21 | | notice of an emergency rule described by Section 2001.034(e) to the |
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| 22 | 22 | | e-mail address of each person who requests electronic notice of |
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| 23 | 23 | | those rules if the person provides a valid e-mail address with the |
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| 24 | 24 | | request. |
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| 25 | 25 | | SECTION 2. Section 2001.034, Government Code, is amended by |
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| 26 | 26 | | adding Subsections (e) and (f) to read as follows: |
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| 27 | 27 | | (e) Notwithstanding any other provision of this section, a |
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| 28 | 28 | | state agency with regulatory authority over long-term care |
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| 29 | 29 | | facilities may not adopt an emergency rule that restricts access to |
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| 30 | 30 | | a resident of a long-term care facility unless the agency provides |
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| 31 | 31 | | notice of the agency's intent to adopt the rule, allows 48 hours |
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| 32 | 32 | | after publication of the notice for members of the public to comment |
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| 33 | 33 | | in writing on the rule, and spends at least 24 hours reviewing the |
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| 34 | 34 | | comments received on the rule. The rule may not take effect until |
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| 35 | 35 | | after the periods for public comment and agency review required by |
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| 36 | 36 | | this subsection have expired. For purposes of this subsection, |
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| 37 | 37 | | "long-term care facility" means: |
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| 38 | 38 | | (1) a facility licensed or regulated under Chapter |
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| 39 | 39 | | 242, 247, or 252, Health and Safety Code; or |
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| 40 | 40 | | (2) a state supported living center as defined by |
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| 41 | 41 | | Section 531.002, Health and Safety Code. |
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| 42 | 42 | | (f) The notice required under Subsection (e) of this section |
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| 43 | 43 | | must: |
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| 44 | 44 | | (1) notwithstanding Section 2001.024, include: |
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| 45 | 45 | | (A) the text of the rule; |
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| 46 | 46 | | (B) a detailed explanation of the effect of the |
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| 47 | 47 | | rule; |
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| 48 | 48 | | (C) the following words, written in all capital |
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| 49 | 49 | | letters in an easily readable font and type size: "YOU MAY SUBMIT |
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| 50 | 50 | | COMMENTS ON THIS PROPOSED RULE. COMMENTS SHOULD BE SUBMITTED |
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| 51 | 51 | | ELECTRONICALLY TO (insert a dedicated e-mail address used by the |
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| 52 | 52 | | state agency for receipt of public comments) NOT LATER THAN (insert |
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| 53 | 53 | | date and time at which period for public comments ends)."; and |
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| 54 | 54 | | (D) a toll-free telephone number a person may use |
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| 55 | 55 | | to receive information on the rule that includes relay services for |
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| 56 | 56 | | persons with speech or hearing disabilities; and |
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| 57 | 57 | | (2) notwithstanding any other provision of this |
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| 58 | 58 | | subchapter, be published by the state agency adopting the rule |
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| 59 | 59 | | using the following methods: |
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| 60 | 60 | | (A) by e-mail to a person who has requested |
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| 61 | 61 | | advance notice of the agency's proposed rules under Section |
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| 62 | 62 | | 2001.026 and provided the agency an e-mail address under that |
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| 63 | 63 | | section; |
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| 64 | 64 | | (B) if practicable, by publication in the Texas |
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| 65 | 65 | | Register in the manner prescribed by Chapter 2002; |
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| 66 | 66 | | (C) by posting a copy of the notice on: |
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| 67 | 67 | | (i) the agency's Internet website; and |
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| 68 | 68 | | (ii) any platform for electronic |
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| 69 | 69 | | communication on which the agency regularly posts public |
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| 70 | 70 | | announcements and information; and |
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| 71 | 71 | | (D) by sending the notice to designated media |
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| 72 | 72 | | outlets in this state so that participating radio stations, |
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| 73 | 73 | | television stations, and other media outlets may provide notice at |
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| 74 | 74 | | reasonable intervals to inform the public of the contents of the |
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| 75 | 75 | | notice. |
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| 76 | 76 | | SECTION 3. The changes in law made by this Act apply only to |
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| 77 | 77 | | an emergency rule that is adopted by a state agency on or after the |
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| 78 | 78 | | effective date of this Act. |
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| 79 | 79 | | SECTION 4. This Act takes effect September 1, 2021. |
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