SRC-JLB H.B. 426 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 426
By: Christian et al. (Deuell)
Government Organization
5/1/2003
Engrossed


DIGEST AND PURPOSE 

Currently, a state agency may adopt rules imposing additional costs on
local governments or persons without considering how those costs will be
paid and without obtaining express authorization from the legislature.
H.B. 426 establishes procedures which place certain restrictions upon a
state agency's ability to adopt rules imposing such costs. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to a state agency in SECTION 1
(Section 2001.041, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 2001, Government Code, by adding
Section 2001.041, as follows: 
 
Sec. 2001.041.  RULES IMPOSING COSTS ON LOCAL GOVERNMENTS OR PERSONS.  (a)
Prohibits a state agency, except as provided by this section, from
adopting a rule for which notice given under Sections 2001.023 and
2001.024 includes information indicating certain costs. 

(b)  Authorizes a state agency to adopt a rule for which the notice
estimating the costs described by Subsection (a) is given if certain
conditions exist. 

(c)  Authorizes a state agency adopting a rule as authorized by Subsection
(b)(2) to only adopt a rule that meets, but does not exceed, the federal
requirements. 
 
(d)  Requires a state agency order finally adopting a rule for which
notice of the costs described by Subsection (a) is given to include a
reference to the law  or regulation authorizing the adoption of the rule
with those costs. 
 
(e)  Provides that for the purposes of this section, the term "adoption of
a rule" includes the adoption of a revision of a rule. 
 
SECTION 2.  Effective date:  September 1, 2003.  Provides that this Act
applies only to a rule or a revision of a rule that is proposed by a state
agency and for which notice is given under Section 2001.023, Government
Code, on or after December 1, 2003.