1-1 By: Patterson S.B. No. 1715 1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 18, 1997, reported favorably by the following vote: Yeas 13, 1-5 Nays 0; April 18, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to required contents in a notice for the adoption of 1-9 proposed rules by a state agency. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 2001.024, Government Code, is amended to 1-12 read as follows: 1-13 Sec. 2001.024. Content of Notice. (a) The notice of a 1-14 proposed rule must include: 1-15 (1) a brief explanation of the proposed rule; 1-16 (2) the text of the proposed rule, except any portion 1-17 omitted under Section 2002.014, prepared in a manner to indicate 1-18 any words to be added or deleted from the current text; 1-19 (3) a statement of the statutory or other authority 1-20 under which the rule is proposed to be adopted, including: 1-21 (A) a concise explanation of the particular 1-22 statutory or other provisions under which the rule is proposed; 1-23 (B) the section or article of the code affected; 1-24 and 1-25 (C) a certification that the proposed rule has 1-26 been reviewed by legal counsel and found to be within the state 1-27 agency's authority to adopt; 1-28 (4) a fiscal note showing the name and title of the 1-29 officer or employee responsible for preparing or approving the note 1-30 and stating for each year of the first five years that the rule 1-31 will be in effect: 1-32 (A) the additional estimated cost to the state 1-33 and to local governments expected as a result of enforcing or 1-34 administering the rule; 1-35 (B) the estimated reductions in costs to the 1-36 state and to local governments as a result of enforcing or 1-37 administering the rule; 1-38 (C) the estimated loss or increase in revenue to 1-39 the state or to local governments as a result of enforcing or 1-40 administering the rule; and 1-41 (D) if applicable, that enforcing or 1-42 administering the rule does not have foreseeable implications 1-43 relating to cost or revenues of the state or local governments; 1-44 (5) a note about public benefits and costs showing the 1-45 name and title of the officer or employee responsible for preparing 1-46 or approving the note and stating for each year of the first five 1-47 years that the rule will be in effect: 1-48 (A) the public benefits expected as a result of 1-49 adoption of the proposed rule; and 1-50 (B) the probable economic cost to persons 1-51 required to comply with the rule; 1-52 (6) the local employment impact statement prepared 1-53 under Section 2001.022, if required; 1-54 (7) a request for comments on the proposed rule from 1-55 any interested person; and 1-56 (8) any other statement required by law. 1-57 (b) In the notice of a proposed rule that amends any part of 1-58 an existing rule: 1-59 (1) the text of the entire rule being amended must be 1-60 set out; 1-61 (2) the language to be deleted must be bracketed and 1-62 stricken through; and 1-63 (3) the language to be added must be underlined. 1-64 (c) In the notice of a proposed rule that is new or that 2-1 adds a complete section to an existing rule, the new rule or 2-2 section must be set out and underlined. 2-3 (d) If any proposed rule is to be amended subsequent to the 2-4 publication of the rule, whether as a result of informal meeting, 2-5 public hearing, or otherwise, the entire rule must be republished 2-6 in its final proposed form at least 30 days prior to adoption or 2-7 consideration thereof. 2-8 SECTION 2. Any rule adopted by a state agency which is not 2-9 in conformity with the standards set forth in Section 2001.024, 2-10 Government Code, as amended by this Act, shall be null and void and 2-11 of no force or effect. 2-12 SECTION 3. If any provision of this Act is in conflict with 2-13 any rule, regulation, or provision of other law, the provisions of 2-14 this Act shall prevail to the extent of the conflict. 2-15 SECTION 4. This Act takes effect September 1, 1997. 2-16 SECTION 5. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended. 2-21 * * * * *