| 1 | 1 | | 88R2061 CJC-D |
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| 2 | 2 | | By: Hall S.B. No. 655 |
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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 the provision of notice of certain proposed rules by |
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| 8 | 8 | | state agencies. |
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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. Section 2001.024(a), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) The notice of a proposed rule must include: |
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| 13 | 13 | | (1) a brief explanation of the proposed rule; |
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| 14 | 14 | | (2) the text of the proposed rule, except any portion |
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| 15 | 15 | | omitted under Section 2002.014, prepared in a manner to indicate |
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| 16 | 16 | | any words to be added or deleted from the current text; |
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| 17 | 17 | | (3) a statement of the statutory or other authority |
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| 18 | 18 | | under which the rule is proposed to be adopted, including: |
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| 19 | 19 | | (A) a concise explanation of the particular |
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| 20 | 20 | | statutory or other provisions under which the rule is proposed; |
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| 21 | 21 | | (B) the section or article of the code affected; |
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| 22 | 22 | | [and] |
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| 23 | 23 | | (C) if applicable, the bill number for the |
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| 24 | 24 | | legislation that enacted the statutory authority under which the |
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| 25 | 25 | | rule is proposed to be adopted; and |
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| 26 | 26 | | (D) a certification that the proposed rule has |
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| 27 | 27 | | been reviewed by legal counsel and found to be within the state |
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| 28 | 28 | | agency's authority to adopt; |
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| 29 | 29 | | (4) a fiscal note showing the name and title of the |
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| 30 | 30 | | officer or employee responsible for preparing or approving the note |
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| 31 | 31 | | and stating for each year of the first five years that the rule will |
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| 32 | 32 | | be in effect: |
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| 33 | 33 | | (A) the additional estimated cost to the state |
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| 34 | 34 | | and to local governments expected as a result of enforcing or |
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| 35 | 35 | | administering the rule; |
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| 36 | 36 | | (B) the estimated reductions in costs to the |
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| 37 | 37 | | state and to local governments as a result of enforcing or |
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| 38 | 38 | | administering the rule; |
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| 39 | 39 | | (C) the estimated loss or increase in revenue to |
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| 40 | 40 | | the state or to local governments as a result of enforcing or |
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| 41 | 41 | | administering the rule; and |
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| 42 | 42 | | (D) if applicable, that enforcing or |
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| 43 | 43 | | administering the rule does not have foreseeable implications |
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| 44 | 44 | | relating to cost or revenues of the state or local governments; |
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| 45 | 45 | | (5) a note about public benefits and costs showing the |
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| 46 | 46 | | name and title of the officer or employee responsible for preparing |
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| 47 | 47 | | or approving the note and stating for each year of the first five |
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| 48 | 48 | | years that the rule will be in effect: |
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| 49 | 49 | | (A) the public benefits expected as a result of |
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| 50 | 50 | | adoption of the proposed rule; and |
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| 51 | 51 | | (B) the probable economic cost to persons |
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| 52 | 52 | | required to comply with the rule; |
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| 53 | 53 | | (6) the local employment impact statement prepared |
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| 54 | 54 | | under Section 2001.022, if required; |
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| 55 | 55 | | (7) a request for comments on the proposed rule from |
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| 56 | 56 | | any interested person; and |
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| 57 | 57 | | (8) any other statement required by law. |
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| 58 | 58 | | SECTION 2. Subchapter B, Chapter 2001, Government Code, is |
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| 59 | 59 | | amended by adding Section 2001.0261 to read as follows: |
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| 60 | 60 | | Sec. 2001.0261. NOTICE TO CERTAIN PERSONS. (a) This |
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| 61 | 61 | | section applies only to a rule that is proposed to be adopted by a |
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| 62 | 62 | | state agency under statutory authority that: |
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| 63 | 63 | | (1) specifically authorizes the agency to adopt the |
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| 64 | 64 | | rule; and |
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| 65 | 65 | | (2) became law during the preceding four-year period. |
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| 66 | 66 | | (b) A state agency shall provide, not later than the third |
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| 67 | 67 | | day after the date on which the agency files notice with the |
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| 68 | 68 | | secretary of state as required under Section 2001.023, notice of a |
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| 69 | 69 | | proposed rule to each person who was a primary author or sponsor of |
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| 70 | 70 | | the legislation that enacted the statutory authority under which |
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| 71 | 71 | | the proposed rule is to be adopted, if that person is a current |
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| 72 | 72 | | member of the legislature. |
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| 73 | 73 | | (c) The state agency shall provide the notice required under |
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| 74 | 74 | | Subsection (b) electronically to the person's designated Capitol |
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| 75 | 75 | | e-mail address or to another e-mail address provided by the person |
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| 76 | 76 | | to the agency for the purpose of receiving the notice. |
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| 77 | 77 | | (d) Failure to provide the notice required under Subsection |
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| 78 | 78 | | (b) does not invalidate a rule adopted by a state agency or an |
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| 79 | 79 | | action taken by the agency under that rule. |
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| 80 | 80 | | SECTION 3. The change in law made by this Act applies only |
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| 81 | 81 | | to a proposed state agency rule for which notice is filed with the |
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| 82 | 82 | | secretary of state under Section 2001.023, Government Code, on or |
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| 83 | 83 | | after the effective date of this Act. |
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| 84 | 84 | | SECTION 4. This Act takes effect immediately if it receives |
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| 85 | 85 | | a vote of two-thirds of all the members elected to each house, as |
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| 86 | 86 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 87 | 87 | | Act does not receive the vote necessary for immediate effect, this |
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| 88 | 88 | | Act takes effect September 1, 2023. |
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