| 1 | 1 | | 88R1584 SCP-F |
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| 2 | 2 | | By: Hall S.B. No. 918 |
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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 adoption and voidability of certain rules proposed |
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| 8 | 8 | | by a state agency. |
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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 2001.0045(c), Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (c) This section does not apply to a rule that: |
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| 13 | 13 | | (1) relates to state agency procurement; |
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| 14 | 14 | | (2) is amended to: |
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| 15 | 15 | | (A) reduce the burden or responsibilities |
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| 16 | 16 | | imposed on regulated persons by the rule; or |
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| 17 | 17 | | (B) decrease the persons' cost for compliance |
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| 18 | 18 | | with the rule; |
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| 19 | 19 | | (3) is adopted in response to a natural disaster; |
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| 20 | 20 | | (4) is necessary to receive a source of federal funds |
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| 21 | 21 | | or to comply with federal law; |
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| 22 | 22 | | (5) is necessary to protect water resources of this |
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| 23 | 23 | | state as authorized by the Water Code; |
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| 24 | 24 | | (6) [is necessary to protect the health, safety, and |
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| 25 | 25 | | welfare of the residents of this state; |
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| 26 | 26 | | [(7)] is adopted by the Department of Family and |
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| 27 | 27 | | Protective Services, Texas Department of Motor Vehicles, Parks and |
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| 28 | 28 | | Wildlife Department, Public Utility Commission of Texas, Texas |
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| 29 | 29 | | Commission on Environmental Quality, or Texas Racing Commission; |
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| 30 | 30 | | (7) [(8)] is adopted by a self-directed |
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| 31 | 31 | | semi-independent agency; or |
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| 32 | 32 | | (8) [(9)] is necessary to implement legislation, |
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| 33 | 33 | | unless the legislature specifically states this section applies to |
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| 34 | 34 | | the rule. |
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| 35 | 35 | | SECTION 2. Sections 2001.035(a) and (b), Government Code, |
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| 36 | 36 | | are amended to read as follows: |
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| 37 | 37 | | (a) A rule is voidable unless a state agency adopts it in |
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| 38 | 38 | | substantial compliance with Section 2001.0045 and Sections |
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| 39 | 39 | | 2001.0225 through 2001.034. |
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| 40 | 40 | | (b) A person must initiate a proceeding to contest a rule on |
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| 41 | 41 | | the ground of noncompliance with the procedural requirements of |
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| 42 | 42 | | Section 2001.0045 or Sections 2001.0225 through 2001.034 not later |
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| 43 | 43 | | than the second anniversary of the effective date of the rule. |
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| 44 | 44 | | SECTION 3. The changes in law made by this Act apply only to |
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| 45 | 45 | | a rule proposed by a state agency on or after the effective date of |
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| 46 | 46 | | this Act. A rule proposed before that date is governed by the law in |
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| 47 | 47 | | effect on the date the rule was proposed, and the former law is |
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| 48 | 48 | | continued in effect for that purpose. |
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| 49 | 49 | | SECTION 4. This Act takes effect September 1, 2023. |
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