HBA-ATS H.B. 766 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 766
By: Maxey
State Affairs
2/11/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires each state agency to give 30 days notice of its
intention to adopt a rule by posting the proposed changes in the Texas
Register.  Some business owners, particularly owners of small businesses,
think that the current rulemaking procedure unnecessarily burdens them by
creating too many rules and by giving them inadequate time to review and
comment on the proposed rules. In addition, some business owners have
concerns about how they are treated by state personnel charged with
enforcement of the rules.  H.B. 766 changes the current rulemaking and
enforcement environment, by creating a bill of rights for businesses that
guarantees minimum standards of treatment and access to information.  This
bill also requires the governor to appoint a public official to track
complaints lodged by businesses against government and authorizes the use
of additional criteria to evaluate state agencies under the Sunset Act. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the chapter heading to Chapter 2006, Government Code, by
deleting "small" from the existing title.  New Title: AGENCY ACTIONS
AFFECTING BUSINESSES. 

SECTION 2.  Amends Chapter 2006, Government Code, by adding Subchapter C,
as follows: 

SUBCHAPTER C.  OTHER AGENCY ACTIONS AFFECTING BUSINESSES

Sec. 2006.021.  BILL OF RIGHTS FOR BUSINESSES.  (a) Requires the governor
to create a bill of rights for domestic businesses that outlines the
behavior expected from state agencies when enforcing state laws.  Requires
the bill of rights, at a minimum, to give businesses the right to expect:
fair and courteous treatment from all state employees; easily accessible
and understandable information on rules; prompt and accurate responses to
all requests for information; a fair and timely system for receiving and
resolving complaints; and commitments from state agencies to seek ways to
streamline rules and regulatory processes and to welcome suggestions from
businesses on how to improve the regulatory environment. 

(b) Requires the governor to appoint an officer to serve at the governor's
will and act as an ombudsman for state businesses.  Requires the officer to
receive and keep records of complaints by businesses about problems with
state government. 

(c) Authorizes the consideration of an agency's effort to reduce rules and
comply with this bill of rights as part of its evaluation when reviewed
under Chapter 325 (Texas Sunset Act). 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.