87R6941 CJC-D
By: Shaheen H.B. No. 3073
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that state agencies make agency guidance
documents accessible to the public.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 10, Government Code, is
amended by adding Chapter 2062 to read as follows:
CHAPTER 2062. STATE AGENCY GUIDANCE DOCUMENTS
Sec. 2062.0001. DEFINITIONS. In this chapter:
(1) "Guidance document" means a statement of general
applicability issued by a state agency that describes the agency's
policy on a statutory, regulatory, or technical issue that relates
to the agency's powers and duties or that interprets a statutory or
regulatory issue that relates to the agency's powers and duties.
The term does not include a rule adopted by a state agency.
(2) "State agency" means a board, commission, council,
department, office, or other agency in the executive branch of
state government.
Sec. 2062.0002. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to effectuate its purposes.
Sec. 2062.0003. ACCESS TO GUIDANCE DOCUMENTS. (a) Each
state agency shall include on the agency's publicly accessible
Internet website a prominently displayed link to the guidance
documents issued by the agency.
(b) A state agency may not charge a person to access a
guidance document.
Sec. 2062.0004. APPLICABILITY OF PUBLIC INFORMATION LAW.
This chapter may not be construed to require disclosure of
information that is excepted from disclosure or is confidential
under Chapter 552.
SECTION 2. A state agency to which Chapter 2062, Government
Code, as added by this Act, applies shall comply with the
requirements of that chapter as soon as practicable after the
effective date of this Act, but not later than March 1, 2022.
SECTION 3. This Act takes effect September 1, 2021.