By: Harrison H.B. No. 186
A BILL TO BE ENTITLED
AN ACT
relating to state agency review of adopted rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2001.039, Government Code, is amended by
amending Subsection (e) and adding Subsections (f), (g), and (h) to
read as follows:
(e) A state agency's review of a rule must include an
assessment of:
(1) whether the reasons for initially adopting the
rule continue to exist; and
(2) any cost imposed on regulated persons that
subjects the rule to Section 2001.0045.
(f) A state agency shall publish on the agency's Internet
website each assessment the agency conducts under Subsection (e)(2)
and include a link on the website to the data, working papers, and
other materials the agency used to complete the assessment.
(g) If a state agency fails to complete a rule review in
accordance with this section by the date required under Subsection
(b), the rule expires on the day following the date required under
that subsection and is considered void and unenforceable.
(h) Any person potentially injured by the continued
enforcement of a rule that has expired under Subsection (g) may file
a civil action to obtain a declaratory judgment against and
injunctive relief from the rule's continued enforcement. The
action may be filed in a district court in the person's county of
residence or in Travis County. A plaintiff who substantially
prevails in the action is entitled to recover reasonable costs and
attorney's fees from the state agency that adopted the rule.
SECTION 2. This Act takes effect on the 91st day after the
last day of the legislative session.