| 1 | 1 | | 87R6941 CJC-D |
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| 2 | 2 | | By: Shaheen H.B. No. 3073 |
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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 a requirement that state agencies make agency guidance |
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| 8 | 8 | | documents accessible to the public. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle B, Title 10, Government Code, is |
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| 11 | 11 | | amended by adding Chapter 2062 to read as follows: |
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| 12 | 12 | | CHAPTER 2062. STATE AGENCY GUIDANCE DOCUMENTS |
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| 13 | 13 | | Sec. 2062.0001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Guidance document" means a statement of general |
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| 15 | 15 | | applicability issued by a state agency that describes the agency's |
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| 16 | 16 | | policy on a statutory, regulatory, or technical issue that relates |
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| 17 | 17 | | to the agency's powers and duties or that interprets a statutory or |
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| 18 | 18 | | regulatory issue that relates to the agency's powers and duties. |
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| 19 | 19 | | The term does not include a rule adopted by a state agency. |
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| 20 | 20 | | (2) "State agency" means a board, commission, council, |
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| 21 | 21 | | department, office, or other agency in the executive branch of |
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| 22 | 22 | | state government. |
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| 23 | 23 | | Sec. 2062.0002. LIBERAL CONSTRUCTION OF CHAPTER. This |
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| 24 | 24 | | chapter shall be liberally construed to effectuate its purposes. |
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| 25 | 25 | | Sec. 2062.0003. ACCESS TO GUIDANCE DOCUMENTS. (a) Each |
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| 26 | 26 | | state agency shall include on the agency's publicly accessible |
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| 27 | 27 | | Internet website a prominently displayed link to the guidance |
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| 28 | 28 | | documents issued by the agency. |
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| 29 | 29 | | (b) A state agency may not charge a person to access a |
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| 30 | 30 | | guidance document. |
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| 31 | 31 | | Sec. 2062.0004. APPLICABILITY OF PUBLIC INFORMATION LAW. |
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| 32 | 32 | | This chapter may not be construed to require disclosure of |
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| 33 | 33 | | information that is excepted from disclosure or is confidential |
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| 34 | 34 | | under Chapter 552. |
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| 35 | 35 | | SECTION 2. A state agency to which Chapter 2062, Government |
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| 36 | 36 | | Code, as added by this Act, applies shall comply with the |
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| 37 | 37 | | requirements of that chapter as soon as practicable after the |
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| 38 | 38 | | effective date of this Act, but not later than March 1, 2022. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2021. |
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