Texas 2025 - 89th Regular

Texas Senate Bill SB943 Compare Versions

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1	1	89R9168 CS-F
2	2	By: Hughes S.B. No. 943
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment and duties of the Texas Regulatory
10	10	Efficiency Office and the Texas Regulatory Efficiency Advisory
11	11	Panel.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle E, Title 4, Government Code, is amended
14	14	by adding Chapter 465 to read as follows:
15	15	CHAPTER 465. REGULATORY AND RULEMAKING EFFICIENCY
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 465.0001. DEFINITIONS. (a) The definitions in
18	18	Chapter 2001 apply to this chapter.
19	19	(b) In this chapter:
20	20	(1) "Institution of higher education" has the meaning
21	21	assigned by Section 61.003, Education Code.
22	22	(2) "Office" means the Texas Regulatory Efficiency
23	23	Office.
24	24	(3) "Panel" means the Texas Regulatory Efficiency
25	25	Advisory Panel.
26	26	Sec. 465.0002. APPLICATION OF SUNSET ACT TO OFFICE AND
27	27	PANEL. (a) The Texas Regulatory Efficiency Office and the Texas
28	28	Regulatory Efficiency Advisory Panel are subject to Chapter 325
29	29	(Texas Sunset Act).
30	30	(b) Unless continued in existence as provided by Chapter 325
31	31	(Texas Sunset Act), the office and panel are abolished September 1,
32	32	2037.
33	33	SUBCHAPTER B. TEXAS REGULATORY EFFICIENCY OFFICE
34	34	Sec. 465.0051. ESTABLISHMENT OF OFFICE. The Texas
35	35	Regulatory Efficiency Office is established as an office within the
36	36	office of the governor.
37	37	Sec. 465.0052. PURPOSES OF OFFICE. (a) The office is
38	38	established to:
39	39	(1) identify and expand opportunities for
40	40	implementing efficiencies in:
41	41	(A) the process by which state agencies adopt
42	42	rules;
43	43	(B) the regulatory review process; and
44	44	(C) the manner in which contested cases are
45	45	conducted;
46	46	(2) assist state agencies in identifying:
47	47	(A) unnecessary and ineffective rules;
48	48	(B) the effect and cost to this state and
49	49	regulated persons of the agencies' rules and proposed rules; and
50	50	(C) opportunities to repeal or amend rules to
51	51	provide effective protection to the public with the least cost and
52	52	inconvenience to regulated persons;
53	53	(3) coordinate with the secretary of state, the
54	54	Department of Information Resources, and other state agencies in
55	55	the secretary of state's efforts under Section 2001.007 to:
56	56	(A) improve public access to information
57	57	regarding state agency rules, forms, and filings; and
58	58	(B) create an interactive Internet website for
59	59	use by the public to search and obtain information regarding rules,
60	60	forms, and filings applicable to specific regulated occupations,
61	61	industries, professions, and activities;
62	62	(4) establish a goal for each state agency to reduce
63	63	rules or other regulatory requirements, including by:
64	64	(A) eliminating unnecessary or ineffective rules
65	65	or other regulatory requirements; and
66	66	(B) reducing the inefficiencies resulting from
67	67	rules or other regulatory requirements adopted by the agency by:
68	68	(i) reducing required training hours;
69	69	(ii) reducing the number of forms a
70	70	regulated person is required to complete;
71	71	(iii) reducing the amount of information
72	72	required by forms that a regulated person is required to complete;
73	73	(iv) reducing the amount of or eliminating
74	74	fees imposed by the rules;
75	75	(v) reducing the number of activities
76	76	covered by the rules; or
77	77	(vi) creating waivers for or exemptions
78	78	from the rules under certain circumstances; and
79	79	(5) prepare and publish written manuals, guides, or
80	80	other publications as required by this chapter.
81	81	(b) The office shall coordinate with the panel, state
82	82	agencies, and the governor's office to accomplish the purposes of
83	83	the office.
84	84	Sec. 465.0053. REGULATORY ECONOMIC ANALYSIS MANUAL. (a)
85	85	The office shall prepare and publish a regulatory economic analysis
86	86	manual.
87	87	(b) The manual required by Subsection (a) must identify and
88	88	describe best practices for state agencies related to:
89	89	(1) preparing a local employment impact statement
90	90	under Section 2001.022;
91	91	(2) conducting a regulatory analysis under Section
92	92	2001.0225;
93	93	(3) preparing a fiscal note under Section 2001.024;
94	94	and
95	95	(4) preparing a note regarding public benefits and
96	96	costs under Section 2001.024.
97	97	(c) The office shall ensure that the manual required by
98	98	Subsection (a) is written in plain language that may be easily
99	99	understood by the public.
100	100	Sec. 465.0054. REGULATORY REDUCTION GUIDE. (a) The office
101	101	shall prepare and publish a regulatory reduction guide.
102	102	(b) The purpose of the guide required by Subsection (a) is
103	103	to assist each state agency to:
104	104	(1) meet the goal established by the agency under
105	105	Section 465.0052(a)(4); and
106	106	(2) document that the agency met the goal described by
107	107	Subdivision (1).
108	108	(c) The office shall ensure that the guide required by
109	109	Subsection (a) is written in plain language that may be easily
110	110	understood by the public.
111	111	Sec. 465.0055. RULEMAKING AND REGULATORY EFFICIENCY FORUM.
112	112	The office shall establish a forum for interested persons described
113	113	by Section 2001.021(d) to assist the office and the panel to
114	114	accomplish the purposes of the office and panel.
115	115	SUBCHAPTER C. TEXAS REGULATORY EFFICIENCY ADVISORY PANEL
116	116	Sec. 465.0101. ESTABLISHMENT OF PANEL. The Texas
117	117	Regulatory Efficiency Advisory Panel is established as an advisory
118	118	panel to the governor and the legislature.
119	119	Sec. 465.0102. ADMINISTRATIVE ATTACHMENT AND SUPPORT. (a)
120	120	The panel is administratively attached to the office of the
121	121	governor.
122	122	(b) The office established under this chapter shall provide
123	123	staff, facilities, and other administrative support necessary to
124	124	assist the panel in performing the panel's duties under this
125	125	chapter.
126	126	Sec. 465.0103. COMPOSITION OF PANEL. (a) The panel is
127	127	composed of the following seven members appointed by the governor:
128	128	(1) one member who represents regulated small
129	129	businesses;
130	130	(2) one member who represents regulated large
131	131	businesses;
132	132	(3) one member who holds an occupational license
133	133	issued by a state agency;
134	134	(4) one member employed by an institution of higher
135	135	education who conducts research at the institution and has
136	136	experience addressing issues related to state agency rules;
137	137	(5) one member who represents state agencies that
138	138	adopt rules; and
139	139	(6) two members of the public.
140	140	(b) In making appointments under Subsection (a), the
141	141	governor shall give priority to individuals with expertise in state
142	142	agency rules and the rulemaking process, including expertise in
143	143	regulatory research, compliance, cost, and impact analysis, and
144	144	related law and procedure.
145	145	Sec. 465.0104. TERMS; VACANCY. (a) Members of the panel
146	146	serve two-year terms.
147	147	(b) A vacancy on the panel shall be filled in the same manner
148	148	and is subject to the same qualifications as the original
149	149	appointment. A panel member appointed to fill a vacancy on the
150	150	panel shall serve the remainder of the unexpired term.
151	151	Sec. 465.0105. REIMBURSEMENT FOR EXPENSES. Members of the
152	152	panel serve without compensation but are entitled to reimbursement
153	153	for actual and necessary expenses incurred in performing official
154	154	duties under this chapter.
155	155	Sec. 465.0106. PRESIDING OFFICER. The governor shall
156	156	appoint one member of the panel to serve as the panel's presiding
157	157	officer.
158	158	Sec. 465.0107. MEETINGS. The panel shall meet at the call
159	159	of the panel's presiding officer.
160	160	Sec. 465.0108. PURPOSES OF PANEL. The panel is established
161	161	to:
162	162	(1) use the knowledge and expertise of regulated
163	163	persons, small and large businesses, institutions of higher
164	164	education, and state agencies to identify and expand opportunities
165	165	for implementing efficiencies in:
166	166	(A) the process by which state agencies adopt
167	167	rules;
168	168	(B) the regulatory review process; and
169	169	(C) the manner in which contested cases are
170	170	conducted; and
171	171	(2) assist the office and state agencies in
172	172	identifying:
173	173	(A) unnecessary and ineffective rules;
174	174	(B) the effect and cost to this state and
175	175	regulated persons of the agencies' rules and proposed rules; and
176	176	(C) opportunities to repeal or amend rules to
177	177	provide effective protection to the public with the least cost and
178	178	inconvenience to regulated persons.
179	179	Sec. 465.0109. APPLICATION OF OTHER LAW. Chapter 2110 does
180	180	not apply to the panel.
181	181	SUBCHAPTER D. REPORTING REQUIREMENT
182	182	Sec. 465.0151. BIENNIAL REPORT. (a) Not later than
183	183	December 1 of each even-numbered year, the office shall prepare and
184	184	submit to the governor and the Legislative Budget Board a written
185	185	report that describes:
186	186	(1) the activities undertaken by the office during the
187	187	two-year period preceding the date of the report to accomplish the
188	188	purposes of the office;
189	189	(2) any findings and recommendations of the office
190	190	related to the office's purposes under this chapter; and
191	191	(3) any legislative recommendations of the office to
192	192	accomplish and further the findings and recommendations described
193	193	by Subdivision (2).
194	194	(b) The panel may assist the office in preparing the report
195	195	required by Subsection (a).
196	196	SECTION 2. Section 2001.007, Government Code, is amended by
197	197	adding Subsection (e) to read as follows:
198	198	(e) The secretary of state, Department of Information
199	199	Resources, and Texas Regulatory Efficiency Office shall jointly
200	200	coordinate with each other state agency to establish an Internet
201	201	website that allows a person to search the rules and related
202	202	information made available by state agencies under Subsection (a)
203	203	by:
204	204	(1) the general topic of the rule;
205	205	(2) the type of activity or business regulated by the
206	206	rule; and
207	207	(3) if applicable, the North American Industry
208	208	Classification System (NAICS) sector code for the type of activity
209	209	or business regulated by the rule.
210	210	SECTION 3. (a) As soon as practicable after the effective
211	211	date of this Act, but not later than January 1, 2026, the governor
212	212	shall appoint the members of the Texas Regulatory Efficiency
213	213	Advisory Panel as required by Section 465.0103, Government Code, as
214	214	added by this Act.
215	215	(b) Not later than the 60th day after the date the governor
216	216	appoints the members of the Texas Regulatory Efficiency Advisory
217	217	Panel under Subsection (a) of this section, the panel shall hold its
218	218	first meeting.
219	219	SECTION 4. This Act takes effect immediately if it receives
220	220	a vote of two-thirds of all the members elected to each house, as
221	221	provided by Section 39, Article III, Texas Constitution. If this
222	222	Act does not receive the vote necessary for immediate effect, this
223	223	Act takes effect September 1, 2025.