By McClendon H.B. No. 3411
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 relating to improving the readability of state agency rules and
1-3 publications.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Each state agency shall plan and execute a
1-6 permanent program to study and recodify the rules of the agency
1-7 systematically and continuously. Each state agency shall recodify
1-8 its rules according to the standards of this Act. The goal of the
1-9 recodification program is to make state agency rules clear,
1-10 accessible, understandable and usable to all citizens of this state
1-11 who have at least a high school education.
1-12 SECTION 2. Each state agency shall propose, in the Texas
1-13 Register, recodification of at least eight per cent of its rules,
1-14 calculated by the number of words, by December 1, 2002. It shall
1-15 propose to recodify at least eight per cent of its rules by
1-16 December 1 of each year thereafter. The recodification shall meet
1-17 the drafting standards of this Act.
1-18 SECTION 3. A recodification under this Act is a rulemaking.
1-19 It shall be proposed and adopted in accordance with the Texas
1-20 Administrative Procedures Act, Govt. Code, Chapter 2001, with the
1-21 following exceptions:
1-22 (a) The comment period for a recodification under this Act
1-23 shall be a minimum of 120 days after publication in the Texas
2-1 Register. An agency may extend the comment period with notice in
2-2 the Texas Register.
2-3 (b) A recodification must be adopted and filed with the
2-4 Texas Register within 270 days after publication of the proposal in
2-5 the Texas Register.
2-6 SECTION 4. Each state agency shall file a schedule for
2-7 recodification of all of its rules with the Secretary of State by
2-8 November 1, 2001. The schedule shall include the agency's
2-9 assessment of the reading level of its rules, on a chapter by
2-10 chapter basis, according to the formula in this Act.
2-11 SECTION 5. Plain Language Liaisons. Each state agency shall
2-12 file a designation of a plain language liaison for the agency with
2-13 the Secretary of State October 1, 2001 and shall update the
2-14 designation as necessary. The liaison should be a person committed
2-15 to and trained in the goals, principles and techniques of
2-16 communicating in plain language.
2-17 SECTION 6. Plain Language Advisory Committee. The Plain
2-18 Language Advisory Committee is established to act as a resource and
2-19 clearinghouse of information on communicating in plain language for
2-20 state agencies. It shall consist of members appointed by the
2-21 Governor, the Speaker, and the Lieutenant Governor. The advisory
2-22 committee shall work with agency liaisons to assist them in
2-23 complying with this Act. The advisory committee may accept
2-24 assistance from other legislative agencies, state agencies and
2-25 educational institutions in carrying out its duties.
2-26 SECTION 7. In the preamble of all state agency rule
3-1 proposals after Sept. 1, 2001, the state agency shall state the
3-2 readability score of the text of the preamble and the text of the
3-3 proposed rule language in substantially the following form:
3-4 "The agency has calculated the readability score of the text
3-5 of the preamble and the text of the proposed rule according to the
3-6 formula and procedures required by state law.
3-7 The readability level of the preamble of this rule is ____.
3-8 The readability level of the text of the rule is ____.
3-9 The average high school graduate in Texas reads at a
3-10 readability level of 50."
3-11 SECTION 8. State agencies shall use the following formula
3-12 and procedure to calculate required readability scores under this
3-13 Act:
3-14 (a) Formula:
3-15 number of words # of syllables
3-16 Readability Score = 206.835 - number of sentences X 1.015 + # of words X 84.6
3-17 (b) Procedure:
3-18 (1) Count the number of sentences, words and syllables
3-19 in the text of the rules. Do not count the headings in the rule.
3-20 (2) Divide the number of words by the number of
3-21 sentences. Multiply the result by 1.015.
3-22 (3) Divide the number of syllables by the number of
3-23 words. Multiply the result by 84.6.
3-24 (4) Add the final numbers computed under (2) and (3).
3-25 (5) Subtract the sum total in (4) from 206.835. The
3-26 result is the readability score for the text.
4-1 SECTION 9. State agencies shall use the following drafting
4-2 standards for agency rule recodifications:
4-3 (a) The recodification should eliminate provisions for which
4-4 the statutory authority has been repealed or that are duplicative,
4-5 unconstitutional, expired or otherwise obsolete.
4-6 (b) The recodification should not make substantive legal
4-7 changes unless they are necessary to resolve an ambiguity or remove
4-8 obsolete provisions. Any intended substantive legal changes should
4-9 be identified in the preamble of the proposed and adopted rule.
4-10 (c) The recodification should have a readability score of 50
4-11 or greater according to the readability formula and calculation
4-12 procedures in this Act.
4-13 (d) The recodification should utilize recognized techniques
4-14 of plain language writing, including, but not limited to:
4-15 (1) creating an informative table of contents, a road
4-16 map for the reader to lead them quickly to what they need to know;
4-17 (2) organization of the material to emphasize the main
4-18 ideas first, then progress down to the details;
4-19 (3) sequencing instructions in "first, second, third"
4-20 order;
4-21 (4) writing sections in a question and answer format;
4-22 (5) using personal pronouns to write directly to the
4-23 reader;
4-24 (6) write to one reader;
4-25 (7) use the active voice primarily;
4-26 (8) an average sentence length of less than 15 words;
5-1 (9) use of informative tables, especially "if, then"
5-2 tables.
5-3 SECTION 10. A state agency may adopt a recodification with a
5-4 readability score lower than 50 only if the agency specifies in the
5-5 preamble of the recodification:
5-6 (a) the efforts that the agency has made to recodify the
5-7 rules in plain language;
5-8 (b) the plain language techniques that have been used in the
5-9 recodification; and
5-10 (c) the reasons why a readability level of 50 could not be
5-11 achieved.
5-12 SECTION 11. Other Agency Publications. Other agency
5-13 publications, including guidance documents and form letters, should
5-14 be written according to readability standards in this Act.
5-15 Agencies should annually revise at least eight per cent of such
5-16 documents, by word length. After Sept. 1, 2001, the state agency
5-17 shall calculate and state the readability score of the text of the
5-18 document in substantially the following form:
5-19 "The agency has calculated the readability score of the text
5-20 of this document according to the formula and procedures required
5-21 by state law.
5-22 The readability level of this document is ____.
5-23 The average high school graduate in Texas reads at a
5-24 readability level of 50."
5-25 SECTION 12. User testing. A state agency should, to the
5-26 extent possible, test the readability, comprehensibility and
6-1 usability of its documents on members of the general public.
6-2 Agencies are encouraged to work with high schools and colleges to
6-3 establish user testing programs.
6-4 SECTION 13. Chapter 325, Government Code, is amended by
6-5 adding subsection (13) to Section 325.011 to read as follows:
6-6 (13) the extent to which:
6-7 (a) the agency's rules and publications are
6-8 written in plain language and readable on a 12th grade reading
6-9 level;
6-10 (b) the agency has recodified its rules for
6-11 readability and usability purposes; and
6-12 (c) the agency has engaged in user testing of
6-13 its rules and publications.
6-14 SECTION 14. The Texas Education Agency shall assist the Plain
6-15 Language Advisory Committee to correlate various grade reading
6-16 levels with the readability formula in this Act to assist agencies
6-17 in assessing the readability of their rules and other documents.
6-18 SECTION 15. This Act is effective on September 1, 2001.
6-19 SECTION 16. This Act expires on September 1, 2013.