| 1 | 1 | | 88R2510 YDB-D |
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| 2 | 2 | | By: Harrison, Vasut, Leach H.B. No. 791 |
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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 state agency review of adopted rules. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 2001.039, Government Code, is amended by |
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| 10 | 10 | | amending Subsection (e) and adding Subsections (f), (g), and (h) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (e) A state agency's review of a rule must include an |
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| 13 | 13 | | assessment of: |
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| 14 | 14 | | (1) whether the reasons for initially adopting the |
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| 15 | 15 | | rule continue to exist; and |
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| 16 | 16 | | (2) any cost imposed on regulated persons that |
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| 17 | 17 | | subjects the rule to Section 2001.0045. |
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| 18 | 18 | | (f) A state agency shall publish on the agency's Internet |
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| 19 | 19 | | website each assessment the agency conducts under Subsection (e)(2) |
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| 20 | 20 | | and include a link on the website to the data, working papers, and |
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| 21 | 21 | | other materials the agency used to complete the assessment. |
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| 22 | 22 | | (g) If a state agency fails to complete a rule review in |
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| 23 | 23 | | accordance with this section by the date required under Subsection |
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| 24 | 24 | | (b), the rule expires on the day following the date required under |
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| 25 | 25 | | that subsection and is considered void and unenforceable. |
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| 26 | 26 | | (h) Any person potentially injured by the continued |
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| 27 | 27 | | enforcement of a rule that has expired under Subsection (g) may file |
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| 28 | 28 | | a civil action to obtain a declaratory judgment against and |
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| 29 | 29 | | injunctive relief from the rule's continued enforcement. The |
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| 30 | 30 | | action may be filed in a district court in the person's county of |
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| 31 | 31 | | residence or in Travis County. A plaintiff who substantially |
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| 32 | 32 | | prevails in the action is entitled to recover reasonable costs and |
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| 33 | 33 | | attorney's fees from the state agency that adopted the rule. |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2023. |
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