Texas 2023 - 88th Regular

Texas House Bill HB139 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 139
2	2
3	3
4	4	AN ACT
5	5	relating to the provision of notice of certain proposed rules by
6	6	state agencies.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Effective September 1, 2023, Section 2001.023,
9	9	Government Code, is amended by adding Subsection (e) to read as
10	10	follows:
11	11	(e) Failure to publish a summary of a proposed rule in the
12	12	manner required by Subsection (c) does not invalidate a rule
13	13	adopted by a state agency or an action taken by the agency under
14	14	that rule.
15	15	SECTION 2. Section 2001.024, Government Code, is amended by
16	16	amending Subsection (a) and adding Subsection (d) to read as
17	17	follows:
18	18	(a) The notice of a proposed rule must include:
19	19	(1) a brief explanation of the proposed rule;
20	20	(2) the text of the proposed rule, except any portion
21	21	omitted under Section 2002.014, prepared in a manner to indicate
22	22	any words to be added or deleted from the current text;
23	23	(3) a statement of the statutory or other authority
24	24	under which the rule is proposed to be adopted, including:
25	25	(A) a concise explanation of the particular
26	26	statutory or other provisions under which the rule is proposed;
27	27	(B) the section or article of the code affected;
28	28	[and]
29	29	(C) if applicable, the bill number for the
30	30	legislation that enacted the statutory authority under which the
31	31	rule is proposed to be adopted if the legislation was enacted during
32	32	the four-year period preceding the date notice of the proposed rule
33	33	is given; and
34	34	(D) a certification that the proposed rule has
35	35	been reviewed by legal counsel and found to be within the state
36	36	agency's authority to adopt;
37	37	(4) a fiscal note showing the name and title of the
38	38	officer or employee responsible for preparing or approving the note
39	39	and stating for each year of the first five years that the rule will
40	40	be in effect:
41	41	(A) the additional estimated cost to the state
42	42	and to local governments expected as a result of enforcing or
43	43	administering the rule;
44	44	(B) the estimated reductions in costs to the
45	45	state and to local governments as a result of enforcing or
46	46	administering the rule;
47	47	(C) the estimated loss or increase in revenue to
48	48	the state or to local governments as a result of enforcing or
49	49	administering the rule; and
50	50	(D) if applicable, that enforcing or
51	51	administering the rule does not have foreseeable implications
52	52	relating to cost or revenues of the state or local governments;
53	53	(5) a note about public benefits and costs showing the
54	54	name and title of the officer or employee responsible for preparing
55	55	or approving the note and stating for each year of the first five
56	56	years that the rule will be in effect:
57	57	(A) the public benefits expected as a result of
58	58	adoption of the proposed rule; and
59	59	(B) the probable economic cost to persons
60	60	required to comply with the rule;
61	61	(6) the local employment impact statement prepared
62	62	under Section 2001.022, if required;
63	63	(7) a request for comments on the proposed rule from
64	64	any interested person; and
65	65	(8) any other statement required by law.
66	66	(d) Failure to include in the notice of a proposed rule the
67	67	bill number for the legislation that enacted the statutory
68	68	authority under which the rule is proposed to be adopted as required
69	69	by Subsection (a)(3)(C) does not invalidate a rule adopted by a
70	70	state agency or an action taken by the agency under that rule.
71	71	SECTION 3. Subchapter B, Chapter 2001, Government Code, is
72	72	amended by adding Section 2001.0261 to read as follows:
73	73	Sec. 2001.0261. NOTICE TO CERTAIN PERSONS. (a) This
74	74	section applies only to a rule that is proposed to be adopted by a
75	75	state agency under statutory authority that:
76	76	(1) specifically authorizes the agency to adopt the
77	77	rule; and
78	78	(2) became law during the preceding four-year period.
79	79	(b) A state agency shall provide, not later than the third
80	80	day after the date the agency files notice with the secretary of
81	81	state as required under Section 2001.023, notice of a proposed rule
82	82	to the primary author and the primary sponsor of the legislation
83	83	that enacted the statutory authority under which the proposed rule
84	84	is to be adopted, if the primary author or primary sponsor is a
85	85	current member of the legislature.
86	86	(c) The state agency shall provide the notice required under
87	87	Subsection (b) electronically to the person's designated Capitol
88	88	e-mail address or to another e-mail address provided by the person
89	89	to the agency for the purpose of receiving the notice.
90	90	(d) Failure to provide the notice required under Subsection
91	91	(b) does not invalidate a rule adopted by a state agency or an
92	92	action taken by the agency under that rule.
93	93	SECTION 4. The change in law made by this Act applies only
94	94	to a proposed state agency rule for which notice is filed with the
95	95	secretary of state under Section 2001.023, Government Code, on or
96	96	after the effective date of this Act.
97	97	SECTION 5. Except as otherwise provided by this Act, this
98	98	Act takes effect immediately if it receives a vote of two-thirds of
99	99	all the members elected to each house, as provided by Section 39,
100	100	Article III, Texas Constitution. If this Act does not receive the
101	101	vote necessary for immediate effect, this Act takes effect
102	102	September 1, 2023.
103	103	______________________________ ______________________________
104	104	President of the Senate Speaker of the House
105	105	I certify that H.B. No. 139 was passed by the House on May 9,
106	106	2023, by the following vote: Yeas 140, Nays 2, 2 present, not
107	107	voting.
108	108	______________________________
109	109	Chief Clerk of the House
110	110	I certify that H.B. No. 139 was passed by the Senate on May
111	111	24, 2023, by the following vote: Yeas 31, Nays 0.
112	112	______________________________
113	113	Secretary of the Senate
114	114	APPROVED: _____________________
115	115	Date
116	116	_____________________
117	117	Governor