By Sims S.B. No. 978
74R3297 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to cost-benefit analysis of environmental rules proposed
1-3 for adoption by a state agency.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 2001, Government Code, is
1-6 amended by adding Section 2001.0225 to read as follows:
1-7 Sec. 2001.0225. COST-BENEFIT ANALYSIS OF ENVIRONMENTAL
1-8 RULES. (a) Before adopting an environmental rule a state agency
1-9 shall consider:
1-10 (1) the economic impact the proposed rule will have
1-11 on, and the environmental benefit the proposed rule will provide
1-12 for, residents of this state; and
1-13 (2) the fiscal impact of the proposed rule on state
1-14 and local governmental agencies.
1-15 (b) Before giving notice of a proposed environmental rule as
1-16 required by Sections 2001.023 and 2001.024, a state agency shall
1-17 develop a written economic and fiscal impact statement that,
1-18 specifically and in detail:
1-19 (1) describes the need for, and the environmental
1-20 benefits likely to accrue from adoption of, the proposed rule;
1-21 (2) estimates the capital cost and the annual cost to
1-22 the regulated community of implementing the proposed rule;
1-23 (3) estimates the initial cost and annual cost to the
1-24 agency adopting the rule and to other state and local governmental
2-1 agencies of implementing and enforcing the proposed rule, including
2-2 estimated costs of necessary paperwork;
2-3 (4) describes, where applicable, reasonable
2-4 alternative methods for achieving the purpose of the rule that were
2-5 considered by the agency and states reasons for rejecting those
2-6 alternatives in favor of the proposed rule or substantive
2-7 modification; and
2-8 (5) identifies the data and methodology used in making
2-9 estimates required by this section.
2-10 (c) The written report required by this section shall be
2-11 incorporated into the fiscal note required by Section 2001.024.
2-12 (d) This section does not apply to the adoption of an
2-13 environmental rule that is:
2-14 (1) proposed and adopted under a delegation agreement
2-15 or contract between the state and an agency or representative of
2-16 the federal government for the implementation of a new state and
2-17 federal program, if the rule does not impose requirements more
2-18 stringent than federal requirements; or
2-19 (2) expressly required by state law.
2-20 (e) In this section, "environmental rule" means an agency
2-21 rule the specific intent of which is to regulate an activity to
2-22 protect the environment or reduce risks to human health from
2-23 environmental exposure.
2-24 SECTION 2. This Act takes effect September 1, 1995, and
2-25 applies only to an environmental rule proposed by a state agency on
2-26 or after that date.
2-27 SECTION 3. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.