Texas 2023 - 88th Regular

Texas House Bill HB4260 Compare Versions

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1	1	88R12444 TJB-D
2	2	By: Harrison H.B. No. 4260
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Legislative Economic Analysis
8	8	Unit and the expiration of certain state agency rules.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 3, Government Code, is amended
11	11	by adding Chapter 330 to read as follows:
12	12	CHAPTER 330. LEGISLATIVE ECONOMIC ANALYSIS UNIT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 330.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the Legislative Economic Analysis
16	16	Unit Board established under this chapter.
17	17	(2) "Major rule" means a state agency rule determined
18	18	by the Legislative Economic Analysis Unit to be a rule that will or
19	19	is likely to result in:
20	20	(A) an annual effect on the state's economy of
21	21	$10 million or more;
22	22	(B) significant adverse effects on competition,
23	23	employment, investment, productivity, or innovation, including
24	24	significant adverse effects on individual industries or regions; or
25	25	(C) significant changes in social and cultural
26	26	relations among residents of this state, including significant
27	27	impacts on religious, ethnic, racial, or gender populations.
28	28	(3) "State agency rule" means a state agency statement
29	29	of general applicability and future effect designed to implement,
30	30	interpret, or prescribe law or policy or to describe the
31	31	organization, procedure, or practice requirements of the agency.
32	32	(4) "Unit" means the Legislative Economic Analysis
33	33	Unit established under this chapter.
34	34	SUBCHAPTER B. LEGISLATIVE ECONOMIC ANALYSIS UNIT BOARD
35	35	Sec. 330.051. MEMBERSHIP. (a) The Legislative Economic
36	36	Analysis Unit Board consists of:
37	37	(1) the lieutenant governor;
38	38	(2) the speaker of the house of representatives;
39	39	(3) six senators appointed by the lieutenant governor;
40	40	and
41	41	(4) six members of the house of representatives
42	42	appointed by the speaker of the house of representatives.
43	43	(b) The lieutenant governor and the speaker of the house of
44	44	representatives are joint chairs of the board.
45	45	Sec. 330.052. TERMS; VACANCY. (a) Except for the
46	46	lieutenant governor and the speaker of the house of
47	47	representatives, each member of the board serves a term that begins
48	48	on the date the member is appointed to the board and ends with the
49	49	convening of the first regular legislative session that occurs
50	50	after the date of appointment.
51	51	(b) If a vacancy occurs in the appointed membership of the
52	52	board, the appropriate appointing authority shall appoint a person
53	53	to serve for the remainder of the unexpired term.
54	54	Sec. 330.053. MEETINGS. (a) The board shall meet as often
55	55	as necessary to perform its duties. Meetings may be held at any
56	56	time at the request of either of the joint chairs of the board.
57	57	(b) A majority of the members of the board from each house of
58	58	the legislature constitutes a quorum. If a quorum is present, the
59	59	board may act on any matter that is within its jurisdiction by a
60	60	majority vote.
61	61	(c) The board shall keep complete minutes of each meeting.
62	62	(d) Each member of the legislature is entitled to attend and
63	63	present the member's views in any meeting of the board, except that
64	64	a legislator who is not a member of the board may not vote.
65	65	Sec. 330.054. EXPENSES OF MEMBERS. Members of the board are
66	66	entitled to reimbursement for necessary expenses incurred in
67	67	performing functions as members of the board.
68	68	Sec. 330.055. LEGISLATIVE CONSIDERATION OF MAJOR RULES.
69	69	The board shall adopt procedures to ensure the timely consideration
70	70	by the legislature of a bill that validates a state agency rule
71	71	determined to be a major rule before the expiration of that rule
72	72	under Section 330.151.
73	73	SUBCHAPTER C. LEGISLATIVE ECONOMIC ANALYSIS UNIT
74	74	Sec. 330.101. ESTABLISHMENT. The Legislative Economic
75	75	Analysis Unit is established as an independent agency of the
76	76	legislature.
77	77	Sec. 330.102. CHIEF ECONOMIST. (a) The lieutenant
78	78	governor and speaker of the house of representatives shall jointly
79	79	appoint a chief economist as the director of the unit.
80	80	(b) The chief economist serves at the pleasure of the
81	81	lieutenant governor and speaker of the house of representatives.
82	82	(c) The board shall set the salary of the chief economist.
83	83	Sec. 330.103. PERSONNEL. The chief economist may employ
84	84	professional and clerical staff as necessary and appropriate to
85	85	perform the duties of the unit, subject to limitations imposed by
86	86	the board.
87	87	Sec. 330.104. APPROPRIATION. The legislature shall make an
88	88	appropriation to the unit in an amount sufficient to fund the
89	89	operations of the unit.
90	90	Sec. 330.105. DUTIES. The unit shall:
91	91	(1) analyze each state agency rule submitted under
92	92	Section 330.151 to determine whether the rule is a major rule;
93	93	(2) make a written determination of any state agency
94	94	rule the unit determines is a major rule, and post that
95	95	determination on the unit's Internet website;
96	96	(3) notify a state agency if the unit determines that a
97	97	state agency rule adopted by the agency is a major rule;
98	98	(4) request that the Texas Legislative Council draft a
99	99	bill to validate the major rule;
100	100	(5) create a written regulatory impact analysis of
101	101	each state agency rule the unit determines is a major rule;
102	102	(6) on request of the lieutenant governor or speaker
103	103	of the house of representatives, create a written grant impact
104	104	analysis of each grant or other financial benefit that the state has
105	105	received or is eligible to receive from the federal government or
106	106	another source; and
107	107	(7) perform other duties as prescribed by the board.
108	108	Sec. 330.106. IMPACT ANALYSES. (a) The chief economist
109	109	shall ensure that each regulatory impact analysis created by the
110	110	unit under Section 330.105(5) includes the following for the major
111	111	rule that is the subject of the analysis:
112	112	(1) a statement indicating whether the rule is
113	113	necessary;
114	114	(2) a statement of the legal basis for the rule;
115	115	(3) an examination of alternative rules;
116	116	(4) a detailed evaluation of the costs and benefits of
117	117	adopting the rule;
118	118	(5) a statement of the sources consulted in creating
119	119	the analysis;
120	120	(6) any key assumption made in creating the analysis;
121	121	and
122	122	(7) any continued source of uncertainty regarding the
123	123	analysis.
124	124	(b) The chief economist shall ensure that each grant impact
125	125	analysis created by the unit under Section 330.105(6) includes the
126	126	following for the grant or financial benefit that is the subject of
127	127	the analysis:
128	128	(1) a statement of the legal basis for accepting or
129	129	using the grant or benefit;
130	130	(2) a detailed evaluation of the costs and benefits of
131	131	accepting or using the grant or benefit;
132	132	(3) a statement of the sources consulted in creating
133	133	the analysis;
134	134	(4) any key assumption made in creating the analysis;
135	135	and
136	136	(5) any continued source of uncertainty regarding the
137	137	analysis.
138	138	(c) The chief economist shall ensure that each impact
139	139	analysis created by the unit is posted on the unit's Internet
140	140	website.
141	141	Sec. 330.107. INTERNET WEBSITE. The unit shall maintain an
142	142	Internet website.
143	143	SUBCHAPTER D. SUNSET OF MAJOR RULES
144	144	Sec. 330.151. SUNSET OF MAJOR RULE. (a) Each state agency
145	145	shall submit each rule adopted by the agency to the unit.
146	146	(b) Except as provided by Subsection (c), each state agency
147	147	rule determined by the unit to be a major rule expires on July 1 of
148	148	the odd-numbered year following the unit's determination that the
149	149	rule is a major rule.
150	150	(c) A major rule does not expire if the legislature by
151	151	general law validates the rule before the date the rule is set to
152	152	expire.
153	153	(d) A state agency may not adopt a state agency rule that is
154	154	the same or substantially the same as a major rule that has expired.
155	155	SECTION 2. (a) Not later than the 30th day after the
156	156	effective date of this Act, the lieutenant governor and the speaker
157	157	of the house of representatives shall appoint the initial members
158	158	of the Legislative Economic Analysis Unit Board established under
159	159	Chapter 330, Government Code, as added by this Act.
160	160	(b) Not later than the 90th day after the effective date of
161	161	this Act, the lieutenant governor and the speaker of the house of
162	162	representatives shall appoint the chief economist of the
163	163	Legislative Economic Analysis Unit as required by Section 330.102,
164	164	Government Code, as added by this Act.
165	165	SECTION 3. Section 330.151, Government Code, as added by
166	166	this Act, applies only to a state agency rule that is adopted on or
167	167	after the effective date of this Act.
168	168	SECTION 4. This Act takes effect September 1, 2023.