| 1 | 1 | | 89R5139 RDS-D |
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| 2 | 2 | | By: Bryant H.B. No. 5350 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to notice and opportunity for public comment for certain |
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| 10 | 10 | | policies adopted or implemented by a state agency. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle A, Title 10, Government Code, is |
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| 13 | 13 | | amended by adding Chapter 2010 to read as follows: |
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| 14 | 14 | | CHAPTER 2010. PUBLIC NOTICE AND HEARING FOR CERTAIN AGENCY ACTION |
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| 15 | 15 | | Sec. 2010.001. APPLICABILITY OF CHAPTER. This chapter does |
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| 16 | 16 | | not apply to a rule that is subject to the requirements of |
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| 17 | 17 | | Subchapter B, Chapter 2001. |
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| 18 | 18 | | Sec. 2010.002. NOTICE AND OPPORTUNITY FOR PUBLIC COMMENT |
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| 19 | 19 | | FOR CERTAIN POLICIES. (a) Before a state agency may implement or |
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| 20 | 20 | | adopt a policy that affects a procedure or agency action relating to |
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| 21 | 21 | | a private person, the state agency must: |
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| 22 | 22 | | (1) give notice of the agency's intention to adopt the |
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| 23 | 23 | | policy in the same manner that the agency would give notice of the |
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| 24 | 24 | | agency's intent to adopt a rule under Section 2001.023; and |
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| 25 | 25 | | (2) give all interested persons a reasonable |
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| 26 | 26 | | opportunity for public comment in the same manner that the agency |
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| 27 | 27 | | would give interested persons an opportunity to submit data, views, |
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| 28 | 28 | | or arguments under Section 2001.029(a). |
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| 29 | 29 | | (b) A state agency shall consider fully all comments the |
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| 30 | 30 | | agency receives about a proposed policy. |
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| 31 | 31 | | SECTION 2. The changes in law made by this Act apply only to |
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| 32 | 32 | | a policy implemented or adopted on or after the effective date of |
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| 33 | 33 | | this Act. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2025. |
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