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78R1943 KEG-D

By:  Deuell                                                       S.B. No. 1766



A BILL TO BE ENTITLED

AN ACT

relating to the adoption of state agency rules that impose certain 
costs on local governments or persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 2001, Government Code, is 
amended by adding Section 2001.041 to read as follows:
	Sec. 2001.041.  RULES IMPOSING COSTS ON LOCAL GOVERNMENTS OR 
PERSONS.  (a) Unless expressly authorized by the legislature in 
compliance with this section, a state agency may not adopt a rule 
for which notice given under Sections 2001.023 and 2001.024 
includes:
		(1)  a fiscal note estimating additional costs to local 
governments as a result of enforcing or administering the rule; or
		(2)  a note stating probable economic costs to persons 
required to comply with the rule.
	(b)  A state agency may adopt a rule for which the notice 
estimating the costs described by Subsection (a) is given if the 
legislature by law expressly authorizes the adoption of the rule 
with those costs.
	(c)  A state agency order finally adopting a rule for which 
notice of the costs described by Subsection (a) is given must
include a reference to the law authorizing the adoption of the rule 
with those costs.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a rule proposed by a state agency for which notice 
is given under Section 2001.023, Government Code, on or after 
December 1, 2003.