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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Legislative Economic Analysis |
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Unit and the expiration of certain state agency rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 3, Government Code, is amended |
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by adding Chapter 330 to read as follows: |
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CHAPTER 330. LEGISLATIVE ECONOMIC ANALYSIS UNIT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 330.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the Legislative Economic Analysis |
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Unit Board established under this chapter. |
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(2) "Major rule" means a state agency rule determined |
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by the Legislative Economic Analysis Unit to be a rule that will or |
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is likely to result in: |
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(A) an annual effect on the state's economy of |
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$10 million or more; |
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(B) significant adverse effects on competition, |
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employment, investment, productivity, or innovation, including |
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significant adverse effects on individual industries or regions; or |
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(C) significant changes in social and cultural |
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relations among residents of this state, including significant |
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impacts on religious, ethnic, racial, or gender populations. |
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(3) "State agency rule" means a state agency statement |
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of general applicability and future effect designed to implement, |
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interpret, or prescribe law or policy or to describe the |
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organization, procedure, or practice requirements of the agency. |
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(4) "Unit" means the Legislative Economic Analysis |
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Unit established under this chapter. |
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SUBCHAPTER B. LEGISLATIVE ECONOMIC ANALYSIS UNIT BOARD |
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Sec. 330.051. MEMBERSHIP. (a) The Legislative Economic |
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Analysis Unit Board consists of: |
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(1) the lieutenant governor; |
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(2) the speaker of the house of representatives; |
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(3) six senators appointed by the lieutenant governor; |
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and |
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(4) six members of the house of representatives |
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appointed by the speaker of the house of representatives. |
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(b) The lieutenant governor and the speaker of the house of |
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representatives are joint chairs of the board. |
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Sec. 330.052. TERMS; VACANCY. (a) Except for the |
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lieutenant governor and the speaker of the house of |
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representatives, each member of the board serves a term that begins |
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on the date the member is appointed to the board and ends with the |
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convening of the first regular legislative session that occurs |
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after the date of appointment. |
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(b) If a vacancy occurs in the appointed membership of the |
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board, the appropriate appointing authority shall appoint a person |
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to serve for the remainder of the unexpired term. |
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Sec. 330.053. MEETINGS. (a) The board shall meet as often |
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as necessary to perform its duties. Meetings may be held at any time |
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at the request of either of the joint chairs of the board. |
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(b) A majority of the members of the board from each house of |
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the legislature constitutes a quorum. If a quorum is present, the |
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board may act on any matter that is within its jurisdiction by a |
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majority vote. |
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(c) The board shall keep complete minutes of each meeting. |
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(d) Each member of the legislature is entitled to attend and |
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present the member's views in any meeting of the board, except that |
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a legislator who is not a member of the board may not vote. |
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Sec. 330.054. EXPENSES OF MEMBERS. Members of the board are |
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entitled to reimbursement for necessary expenses incurred in |
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performing functions as members of the board. |
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Sec. 330.055. LEGISLATIVE CONSIDERATION OF MAJOR RULES. |
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The board shall adopt procedures to ensure the timely consideration |
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by the legislature of a bill that validates a state agency rule |
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determined to be a major rule before the expiration of that rule |
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under Section 330.151. |
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SUBCHAPTER C. LEGISLATIVE ECONOMIC ANALYSIS UNIT |
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Sec. 330.101. ESTABLISHMENT. The Legislative Economic |
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Analysis Unit is established as an independent agency of the |
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legislature. |
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Sec. 330.102. CHIEF ECONOMIST. (a) The lieutenant governor |
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and speaker of the house of representatives shall jointly appoint a |
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chief economist as the director of the unit. |
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(b) The chief economist serves at the pleasure of the |
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lieutenant governor and speaker of the house of representatives. |
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(c) The board shall set the salary of the chief economist. |
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Sec. 330.103. PERSONNEL. The chief economist may employ |
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professional and clerical staff as necessary and appropriate to |
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perform the duties of the unit, subject to limitations imposed by |
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the board. |
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Sec. 330.104. APPROPRIATION. The legislature shall make an |
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appropriation to the unit in an amount sufficient to fund the |
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operations of the unit. |
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Sec. 330.105. DUTIES. The unit shall: |
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(1) analyze each state agency rule submitted under |
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Section 330.151 to determine whether the rule is a major rule; |
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(2) make a written determination of any state agency |
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rule the unit determines is a major rule, and post that |
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determination on the unit's Internet website; |
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(3) notify a state agency if the unit determines that a |
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state agency rule adopted by the agency is a major rule; |
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(4) request that the Texas Legislative Council draft a |
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bill to validate the major rule; |
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(5) create a written regulatory impact analysis of |
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each state agency rule the unit determines is a major rule; |
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(6) on request of the lieutenant governor or speaker |
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of the house of representatives, create a written grant impact |
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analysis of each grant or other financial benefit that the state has |
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received or is eligible to receive from the federal government or |
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another source; and |
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(7) perform other duties as prescribed by the board. |
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Sec. 330.106. IMPACT ANALYSES. (a) The chief economist |
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shall ensure that each regulatory impact analysis created by the |
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unit under Section 330.105(5) includes the following for the major |
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rule that is the subject of the analysis: |
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(1) a statement indicating whether the rule is |
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necessary; |
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(2) a statement of the legal basis for the rule; |
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(3) an examination of alternative rules; |
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(4) a detailed evaluation of the costs and benefits of |
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adopting the rule; |
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(5) a statement of the sources consulted in creating |
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the analysis; |
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(6) any key assumption made in creating the analysis; |
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and |
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(7) any continued source of uncertainty regarding the |
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analysis. |
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(b) The chief economist shall ensure that each grant impact |
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analysis created by the unit under Section 330.105(6) includes the |
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following for the grant or financial benefit that is the subject of |
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the analysis: |
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(1) a statement of the legal basis for accepting or |
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using the grant or benefit; |
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(2) a detailed evaluation of the costs and benefits of |
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accepting or using the grant or benefit; |
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(3) a statement of the sources consulted in creating |
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the analysis; |
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(4) any key assumption made in creating the analysis; |
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and |
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(5) any continued source of uncertainty regarding the |
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analysis. |
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(c) The chief economist shall ensure that each impact |
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analysis created by the unit is posted on the unit's Internet |
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website. |
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Sec. 330.107. INTERNET WEBSITE. The unit shall maintain an |
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Internet website. |
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SUBCHAPTER D. SUNSET OF MAJOR RULES |
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Sec. 330.151. SUNSET OF MAJOR RULE. (a) Each state agency |
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shall submit each rule adopted by the agency to the unit. |
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(b) Except as provided by Subsection (c), each state agency |
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rule determined by the unit to be a major rule expires on July 1 of |
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the odd-numbered year following the unit's determination that the |
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rule is a major rule. |
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(c) A major rule does not expire if the legislature by |
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general law validates the rule before the date the rule is set to |
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expire. |
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(d) A state agency may not adopt a state agency rule that is |
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the same or substantially the same as a major rule that has expired. |
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SECTION 2. (a) Not later than the 30th day after the |
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effective date of this Act, the lieutenant governor and the speaker |
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of the house of representatives shall appoint the initial members |
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of the Legislative Economic Analysis Unit Board established under |
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Chapter 330, Government Code, as added by this Act. |
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(b) Not later than the 90th day after the effective date of |
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this Act, the lieutenant governor and the speaker of the house of |
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representatives shall appoint the chief economist of the |
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Legislative Economic Analysis Unit as required by Section 330.102, |
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Government Code, as added by this Act. |
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SECTION 3. Section 330.151, Government Code, as added by |
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this Act, applies only to a state agency rule that is adopted on or |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |