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.