H.B. No. 139
AN ACT
relating to the provision of notice of certain proposed rules by
state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Effective September 1, 2023, Section 2001.023,
Government Code, is amended by adding Subsection (e) to read as
follows:
(e) Failure to publish a summary of a proposed rule in the
manner required by Subsection (c) does not invalidate a rule
adopted by a state agency or an action taken by the agency under
that rule.
SECTION 2. Section 2001.024, Government Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) The notice of a proposed rule must include:
(1) a brief explanation of the proposed rule;
(2) the text of the proposed rule, except any portion
omitted under Section 2002.014, prepared in a manner to indicate
any words to be added or deleted from the current text;
(3) a statement of the statutory or other authority
under which the rule is proposed to be adopted, including:
(A) a concise explanation of the particular
statutory or other provisions under which the rule is proposed;
(B) the section or article of the code affected;
[and]
(C) if applicable, the bill number for the
legislation that enacted the statutory authority under which the
rule is proposed to be adopted if the legislation was enacted during
the four-year period preceding the date notice of the proposed rule
is given; and
(D) a certification that the proposed rule has
been reviewed by legal counsel and found to be within the state
agency's authority to adopt;
(4) a fiscal note showing the name and title of the
officer or employee responsible for preparing or approving the note
and stating for each year of the first five years that the rule will
be in effect:
(A) the additional estimated cost to the state
and to local governments expected as a result of enforcing or
administering the rule;
(B) the estimated reductions in costs to the
state and to local governments as a result of enforcing or
administering the rule;
(C) the estimated loss or increase in revenue to
the state or to local governments as a result of enforcing or
administering the rule; and
(D) if applicable, that enforcing or
administering the rule does not have foreseeable implications
relating to cost or revenues of the state or local governments;
(5) a note about public benefits and costs showing the
name and title of the officer or employee responsible for preparing
or approving the note and stating for each year of the first five
years that the rule will be in effect:
(A) the public benefits expected as a result of
adoption of the proposed rule; and
(B) the probable economic cost to persons
required to comply with the rule;
(6) the local employment impact statement prepared
under Section 2001.022, if required;
(7) a request for comments on the proposed rule from
any interested person; and
(8) any other statement required by law.
(d) Failure to include in the notice of a proposed rule the
bill number for the legislation that enacted the statutory
authority under which the rule is proposed to be adopted as required
by Subsection (a)(3)(C) does not invalidate a rule adopted by a
state agency or an action taken by the agency under that rule.
SECTION 3. Subchapter B, Chapter 2001, Government Code, is
amended by adding Section 2001.0261 to read as follows:
Sec. 2001.0261. NOTICE TO CERTAIN PERSONS. (a) This
section applies only to a rule that is proposed to be adopted by a
state agency under statutory authority that:
(1) specifically authorizes the agency to adopt the
rule; and
(2) became law during the preceding four-year period.
(b) A state agency shall provide, not later than the third
day after the date the agency files notice with the secretary of
state as required under Section 2001.023, notice of a proposed rule
to the primary author and the primary sponsor of the legislation
that enacted the statutory authority under which the proposed rule
is to be adopted, if the primary author or primary sponsor is a
current member of the legislature.
(c) The state agency shall provide the notice required under
Subsection (b) electronically to the person's designated Capitol
e-mail address or to another e-mail address provided by the person
to the agency for the purpose of receiving the notice.
(d) Failure to provide the notice required under Subsection
(b) does not invalidate a rule adopted by a state agency or an
action taken by the agency under that rule.
SECTION 4. The change in law made by this Act applies only
to a proposed state agency rule for which notice is filed with the
secretary of state under Section 2001.023, Government Code, on or
after the effective date of this Act.
SECTION 5. Except as otherwise provided by this Act, this
Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, this Act takes effect
September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 139 was passed by the House on May 9,
2023, by the following vote: Yeas 140, Nays 2, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 139 was passed by the Senate on May
24, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor