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.