Texas 2025 - 89th Regular

Texas House Bill HB944 Compare Versions

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1	1	By: Harrison H.B. No. 944
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the establishment of the Legislative Economic Analysis
9	9	Unit and the expiration of certain state agency rules.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 3, Government Code, is amended
12	12	by adding Chapter 330 to read as follows:
13	13	CHAPTER 330. LEGISLATIVE ECONOMIC ANALYSIS UNIT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 330.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the Legislative Economic Analysis
17	17	Unit Board established under this chapter.
18	18	(2) "Major rule" means a state agency rule determined
19	19	by the Legislative Economic Analysis Unit to be a rule that will or
20	20	is likely to result in:
21	21	(A) an annual effect on the state's economy of
22	22	$10 million or more;
23	23	(B) significant adverse effects on competition,
24	24	employment, investment, productivity, or innovation, including
25	25	significant adverse effects on individual industries or regions; or
26	26	(C) significant changes in social and cultural
27	27	relations among residents of this state, including significant
28	28	impacts on religious, ethnic, racial, or gender populations.
29	29	(3) "State agency rule" means a state agency statement
30	30	of general applicability and future effect designed to implement,
31	31	interpret, or prescribe law or policy or to describe the
32	32	organization, procedure, or practice requirements of the agency.
33	33	(4) "Unit" means the Legislative Economic Analysis
34	34	Unit established under this chapter.
35	35	SUBCHAPTER B. LEGISLATIVE ECONOMIC ANALYSIS UNIT BOARD
36	36	Sec. 330.051. MEMBERSHIP. (a) The Legislative Economic
37	37	Analysis Unit Board consists of:
38	38	(1) the lieutenant governor;
39	39	(2) the speaker of the house of representatives;
40	40	(3) six senators appointed by the lieutenant governor;
41	41	and
42	42	(4) six members of the house of representatives
43	43	appointed by the speaker of the house of representatives.
44	44	(b) The lieutenant governor and the speaker of the house of
45	45	representatives are joint chairs of the board.
46	46	Sec. 330.052. TERMS; VACANCY. (a) Except for the
47	47	lieutenant governor and the speaker of the house of
48	48	representatives, each member of the board serves a term that begins
49	49	on the date the member is appointed to the board and ends with the
50	50	convening of the first regular legislative session that occurs
51	51	after the date of appointment.
52	52	(b) If a vacancy occurs in the appointed membership of the
53	53	board, the appropriate appointing authority shall appoint a person
54	54	to serve for the remainder of the unexpired term.
55	55	Sec. 330.053. MEETINGS. (a) The board shall meet as often
56	56	as necessary to perform its duties. Meetings may be held at any time
57	57	at the request of either of the joint chairs of the board.
58	58	(b) A majority of the members of the board from each house of
59	59	the legislature constitutes a quorum. If a quorum is present, the
60	60	board may act on any matter that is within its jurisdiction by a
61	61	majority vote.
62	62	(c) The board shall keep complete minutes of each meeting.
63	63	(d) Each member of the legislature is entitled to attend and
64	64	present the member's views in any meeting of the board, except that
65	65	a legislator who is not a member of the board may not vote.
66	66	Sec. 330.054. EXPENSES OF MEMBERS. Members of the board are
67	67	entitled to reimbursement for necessary expenses incurred in
68	68	performing functions as members of the board.
69	69	Sec. 330.055. LEGISLATIVE CONSIDERATION OF MAJOR RULES.
70	70	The board shall adopt procedures to ensure the timely consideration
71	71	by the legislature of a bill that validates a state agency rule
72	72	determined to be a major rule before the expiration of that rule
73	73	under Section 330.151.
74	74	SUBCHAPTER C. LEGISLATIVE ECONOMIC ANALYSIS UNIT
75	75	Sec. 330.101. ESTABLISHMENT. The Legislative Economic
76	76	Analysis Unit is established as an independent agency of the
77	77	legislature.
78	78	Sec. 330.102. CHIEF ECONOMIST. (a) The lieutenant governor
79	79	and speaker of the house of representatives shall jointly appoint a
80	80	chief economist as the director of the unit.
81	81	(b) The chief economist serves at the pleasure of the
82	82	lieutenant governor and speaker of the house of representatives.
83	83	(c) The board shall set the salary of the chief economist.
84	84	Sec. 330.103. PERSONNEL. The chief economist may employ
85	85	professional and clerical staff as necessary and appropriate to
86	86	perform the duties of the unit, subject to limitations imposed by
87	87	the board.
88	88	Sec. 330.104. APPROPRIATION. The legislature shall make an
89	89	appropriation to the unit in an amount sufficient to fund the
90	90	operations of the unit.
91	91	Sec. 330.105. DUTIES. The unit shall:
92	92	(1) analyze each state agency rule submitted under
93	93	Section 330.151 to determine whether the rule is a major rule;
94	94	(2) make a written determination of any state agency
95	95	rule the unit determines is a major rule, and post that
96	96	determination on the unit's Internet website;
97	97	(3) notify a state agency if the unit determines that a
98	98	state agency rule adopted by the agency is a major rule;
99	99	(4) request that the Texas Legislative Council draft a
100	100	bill to validate the major rule;
101	101	(5) create a written regulatory impact analysis of
102	102	each state agency rule the unit determines is a major rule;
103	103	(6) on request of the lieutenant governor or speaker
104	104	of the house of representatives, create a written grant impact
105	105	analysis of each grant or other financial benefit that the state has
106	106	received or is eligible to receive from the federal government or
107	107	another source; and
108	108	(7) perform other duties as prescribed by the board.
109	109	Sec. 330.106. IMPACT ANALYSES. (a) The chief economist
110	110	shall ensure that each regulatory impact analysis created by the
111	111	unit under Section 330.105(5) includes the following for the major
112	112	rule that is the subject of the analysis:
113	113	(1) a statement indicating whether the rule is
114	114	necessary;
115	115	(2) a statement of the legal basis for the rule;
116	116	(3) an examination of alternative rules;
117	117	(4) a detailed evaluation of the costs and benefits of
118	118	adopting the rule;
119	119	(5) a statement of the sources consulted in creating
120	120	the analysis;
121	121	(6) any key assumption made in creating the analysis;
122	122	and
123	123	(7) any continued source of uncertainty regarding the
124	124	analysis.
125	125	(b) The chief economist shall ensure that each grant impact
126	126	analysis created by the unit under Section 330.105(6) includes the
127	127	following for the grant or financial benefit that is the subject of
128	128	the analysis:
129	129	(1) a statement of the legal basis for accepting or
130	130	using the grant or benefit;
131	131	(2) a detailed evaluation of the costs and benefits of
132	132	accepting or using the grant or benefit;
133	133	(3) a statement of the sources consulted in creating
134	134	the analysis;
135	135	(4) any key assumption made in creating the analysis;
136	136	and
137	137	(5) any continued source of uncertainty regarding the
138	138	analysis.
139	139	(c) The chief economist shall ensure that each impact
140	140	analysis created by the unit is posted on the unit's Internet
141	141	website.
142	142	Sec. 330.107. INTERNET WEBSITE. The unit shall maintain an
143	143	Internet website.
144	144	SUBCHAPTER D. SUNSET OF MAJOR RULES
145	145	Sec. 330.151. SUNSET OF MAJOR RULE. (a) Each state agency
146	146	shall submit each rule adopted by the agency to the unit.
147	147	(b) Except as provided by Subsection (c), each state agency
148	148	rule determined by the unit to be a major rule expires on July 1 of
149	149	the odd-numbered year following the unit's determination that the
150	150	rule is a major rule.
151	151	(c) A major rule does not expire if the legislature by
152	152	general law validates the rule before the date the rule is set to
153	153	expire.
154	154	(d) A state agency may not adopt a state agency rule that is
155	155	the same or substantially the same as a major rule that has expired.
156	156	SECTION 2. (a) Not later than the 30th day after the
157	157	effective date of this Act, the lieutenant governor and the speaker
158	158	of the house of representatives shall appoint the initial members
159	159	of the Legislative Economic Analysis Unit Board established under
160	160	Chapter 330, Government Code, as added by this Act.
161	161	(b) Not later than the 90th day after the effective date of
162	162	this Act, the lieutenant governor and the speaker of the house of
163	163	representatives shall appoint the chief economist of the
164	164	Legislative Economic Analysis Unit as required by Section 330.102,
165	165	Government Code, as added by this Act.
166	166	SECTION 3. Section 330.151, Government Code, as added by
167	167	this Act, applies only to a state agency rule that is adopted on or
168	168	after the effective date of this Act.
169	169	SECTION 4. This Act takes effect September 1, 2025.