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.

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