AN ACT 1-1 relating to required contents in a notice for the adoption of 1-2 proposed rules by a state agency. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 2001.024, Government Code, is amended to 1-5 read as follows: 1-6 Sec. 2001.024. Content of Notice. (a) The notice of a 1-7 proposed rule must include: 1-8 (1) a brief explanation of the proposed rule; 1-9 (2) the text of the proposed rule, except any portion 1-10 omitted under Section 2002.014, prepared in a manner to indicate 1-11 any words to be added or deleted from the current text; 1-12 (3) a statement of the statutory or other authority 1-13 under which the rule is proposed to be adopted, including: 1-14 (A) a concise explanation of the particular 1-15 statutory or other provisions under which the rule is proposed; 1-16 (B) the section or article of the code affected; 1-17 and 1-18 (C) a certification that the proposed rule has 1-19 been reviewed by legal counsel and found to be within the state 1-20 agency's authority to adopt; 1-21 (4) a fiscal note showing the name and title of the 1-22 officer or employee responsible for preparing or approving the note 1-23 and stating for each year of the first five years that the rule 2-1 will be in effect: 2-2 (A) the additional estimated cost to the state 2-3 and to local governments expected as a result of enforcing or 2-4 administering the rule; 2-5 (B) the estimated reductions in costs to the 2-6 state and to local governments as a result of enforcing or 2-7 administering the rule; 2-8 (C) the estimated loss or increase in revenue to 2-9 the state or to local governments as a result of enforcing or 2-10 administering the rule; and 2-11 (D) if applicable, that enforcing or 2-12 administering the rule does not have foreseeable implications 2-13 relating to cost or revenues of the state or local governments; 2-14 (5) a note about public benefits and costs showing the 2-15 name and title of the officer or employee responsible for preparing 2-16 or approving the note and stating for each year of the first five 2-17 years that the rule will be in effect: 2-18 (A) the public benefits expected as a result of 2-19 adoption of the proposed rule; and 2-20 (B) the probable economic cost to persons 2-21 required to comply with the rule; 2-22 (6) the local employment impact statement prepared 2-23 under Section 2001.022, if required; 2-24 (7) a request for comments on the proposed rule from 2-25 any interested person; and 3-1 (8) any other statement required by law. 3-2 (b) In the notice of a proposed rule that amends any part of 3-3 an existing rule: 3-4 (1) the text of the entire part of the rule being 3-5 amended must be set out; 3-6 (2) the language to be deleted must be bracketed and 3-7 stricken through; and 3-8 (3) the language to be added must be underlined. 3-9 (c) In the notice of a proposed rule that is new or that 3-10 adds a complete section to an existing rule, the new rule or 3-11 section must be set out and underlined. 3-12 SECTION 2. Any rule adopted by a state agency which is not 3-13 in conformity with the standards set forth in Section 2001.024, 3-14 Government Code, as amended by this Act, shall be null and void and 3-15 of no force or effect. 3-16 SECTION 3. If any provision of this Act is in conflict with 3-17 any rule, regulation, or provision of other law, the provisions of 3-18 this Act shall prevail to the extent of the conflict. 3-19 SECTION 4. This Act takes effect September 1, 1997. 3-20 SECTION 5. The importance of this legislation and the 3-21 crowded condition of the calendars in both houses create an 3-22 emergency and an imperative public necessity that the 3-23 constitutional rule requiring bills to be read on three several 3-24 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1715 passed the Senate on April 28, 1997, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendments on May 31, 1997, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1715 passed the House, with amendments, on May 26, 1997, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor