By Jackson                                            H.B. No. 3470

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     Amending Section 2001.024, relating to the content of notice

 1-3     required for the adoption of rules.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 2001.024, Government Code, is amended to

 1-6     read as follows:

 1-7           Sec. 2001.024.  Content of Notice.  The notice of the

 1-8     proposed rule must include:

 1-9                 (1)  a brief explanation of the proposed rule;

1-10                 (2)  the text of the proposed rule, except any portion

1-11     omitted under Section 2002.014, prepared in a manner to indicate

1-12     any words to be added or deleted from the current text;

1-13                       (A)  any proposed rule that amends an existing

1-14     rule or part thereof must set out the text of the rule being

1-15     amended; language sought to be deleted must be bracketed and

1-16     stricken through, and language sought to be added must be

1-17     underlined.

1-18                       (B)  any proposed rule that is new or adds a

1-19     complete section to existing rules must so state and be underlined.

1-20                 (3)  If any proposed rule is to be amended subsequent

1-21     to the publication of such rule, whether as a result of informal

1-22     meeting, public hearing, or otherwise, then the entire rule must be

 2-1     republished in its final proposed form at least 30 days prior to

 2-2     adoption or consideration thereof.

 2-3                 (4)  a statement of the statutory or other authority

 2-4     under which the rule is proposed to be adopted, including:

 2-5                       (A)  a concise explanation of the particular

 2-6     statutory or other provisions under which the rule is proposed;

 2-7                       (B)  the section or article of the code affected;

 2-8     and

 2-9                       (C)  a certification that the proposed rule has

2-10     been reviewed by legal counsel and found to be within the state

2-11     agency's authority to adopt;

2-12                 (5)  a fiscal note showing the name and title of the

2-13     officer or employee responsible for preparing or approving the note

2-14     and stating for each year of the first five years that the rule

2-15     will be in effect:

2-16                       (A)  the additional estimated cost to the state

2-17     and to local governments expected as a result of enforcing or

2-18     administering the rule;

2-19                       (B)  the estimated reductions in cost to the

2-20     state and to local governments as a result of enforcing or

2-21     administering the rule;

2-22                       (C)  the estimated loss or increase in revenue to

2-23     the state or to local governments as a result of enforcing or

2-24     administering the rule; and

2-25                       (D)  if applicable, that enforcing or

2-26     administering the rule does not have foreseeable implications

2-27     relating to cost of revenues of the state or local governments;

 3-1                 (6)  a note about public benefits and costs showing the

 3-2     name and title of the officer or employee responsible for preparing

 3-3     or approving the note and stating for each year of the first five

 3-4     years that the rule will be in effect:

 3-5                       (A)  the public benefits expected as a result of

 3-6     adoption of the proposed rule; and

 3-7                       (B)  the probable economic cost to persons

 3-8     required to comply with the rule;

 3-9                 (7)  the local employment impact statement prepared

3-10     under Section 2001.022, if required;

3-11                 (8)  a request for comments on the proposed rule from

3-12     any interested person; and

3-13                 (9)  any other statement required by law.

3-14           SECTION 2.  In the event that a court of competent

3-15     jurisdiction shall declare any provision of this Act

3-16     unconstitutional, the unconstitutional provision shall be severed

3-17     from the remaining provisions, which shall continue in full force

3-18     and effect.

3-19           SECTION 3.  Any rule adopted by the Commissioner which is not

3-20     in conformity to the standards set forth in Section 1 of this Act

3-21     shall be null and void and of no force or effect.

3-22           SECTION 4.  If this law is in conflict with any other law,

3-23     rule, regulation, or provision of the code, this law shall control.

3-24           SECTION 5.  The importance of this legislation and the

3-25     crowded condition of the calendars in both houses create an

3-26     emergency and an imperative public necessity that the

3-27     constitutional rule requiring bills to be read on three several

 4-1     days in each house be suspended, and this rule is hereby suspended,

 4-2     and that this Act take effect and be in force from and after its

 4-3     passage, and it is so enacted.