BILL ANALYSIS

H.B. 1322

By: Shaheen

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been suggested that the state agency rulemaking process is complex and that the substance of the proposed rules is not often easily understood by the public. This issue has been compounded by COVID-19 as state agencies have issued a series of rules attempting to address the effects of the pandemic that the general public and the entities subject to the regulations have had to attempt to understand in real time. Without the ability to decipher the meaning of a proposed rule, the public has a more difficult time holding the government accountable. H.B. 1322 seeks to address this issue and ensure that the public, small businesses, and other regulated entities fully understand the rules that affect them by requiring a state agency's notice of a proposed rule to include a short, plain-language summary of the rule and requiring the agency to post a brief explanation of the rule with that summary online.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1322 amends the Government Code to require a state agency that files notice of a proposed rule with the secretary of state to include a plain-language summary of not more than 100 words as part of the brief explanation of the rule included in the notice. The bill requires the agency, at the same time it files that notice, to publish on its website or another generally accessible website a brief explanation of the proposed rule that includes the plain-language summary.

EFFECTIVE DATE

September 1, 2021.