87R8066 CJC-D
By: Meza H.B. No. 2513
A BILL TO BE ENTITLED
AN ACT
relating to procedures for notice and the adoption of state agency
emergency rules that restrict access to residents of long-term care
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2001.026, Government Code, is amended to
read as follows:
Sec. 2001.026. NOTICE TO PERSONS REQUESTING ADVANCE NOTICE
OF PROPOSED RULES. (a) A state agency shall mail notice of a
proposed rule to each person who has made a timely written request
of the agency for advance notice of its rulemaking proceedings.
Failure to mail the notice does not invalidate an action taken or
rule adopted.
(b) A state agency shall, using the system adopted by the
agency for electronic delivery of information, deliver advance
notice of an emergency rule described by Section 2001.034(e) to the
e-mail address of each person who requests electronic notice of
those rules if the person provides a valid e-mail address with the
request.
SECTION 2. Section 2001.034, Government Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) Notwithstanding any other provision of this section, a
state agency with regulatory authority over long-term care
facilities may not adopt an emergency rule that restricts access to
a resident of a long-term care facility unless the agency provides
notice of the agency's intent to adopt the rule, allows 48 hours
after publication of the notice for members of the public to comment
in writing on the rule, and spends at least 24 hours reviewing the
comments received on the rule. The rule may not take effect until
after the periods for public comment and agency review required by
this subsection have expired. For purposes of this subsection,
"long-term care facility" means:
(1) a facility licensed or regulated under Chapter
242, 247, or 252, Health and Safety Code; or
(2) a state supported living center as defined by
Section 531.002, Health and Safety Code.
(f) The notice required under Subsection (e) of this section
must:
(1) notwithstanding Section 2001.024, include:
(A) the text of the rule;
(B) a detailed explanation of the effect of the
rule;
(C) the following words, written in all capital
letters in an easily readable font and type size: "YOU MAY SUBMIT
COMMENTS ON THIS PROPOSED RULE. COMMENTS SHOULD BE SUBMITTED
ELECTRONICALLY TO (insert a dedicated e-mail address used by the
state agency for receipt of public comments) NOT LATER THAN (insert
date and time at which period for public comments ends)."; and
(D) a toll-free telephone number a person may use
to receive information on the rule that includes relay services for
persons with speech or hearing disabilities; and
(2) notwithstanding any other provision of this
subchapter, be published by the state agency adopting the rule
using the following methods:
(A) by e-mail to a person who has requested
advance notice of the agency's proposed rules under Section
2001.026 and provided the agency an e-mail address under that
section;
(B) if practicable, by publication in the Texas
Register in the manner prescribed by Chapter 2002;
(C) by posting a copy of the notice on:
(i) the agency's Internet website; and
(ii) any platform for electronic
communication on which the agency regularly posts public
announcements and information; and
(D) by sending the notice to designated media
outlets in this state so that participating radio stations,
television stations, and other media outlets may provide notice at
reasonable intervals to inform the public of the contents of the
notice.
SECTION 3. The changes in law made by this Act apply only to
an emergency rule that is adopted by a state agency on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.