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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of state agency rules that impose certain |
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costs on local governments or persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 2001, Government Code, is |
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amended by adding Section 2001.042 to read as follows: |
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Sec. 2001.042. RULES IMPOSING COSTS ON LOCAL GOVERNMENTS OR |
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PERSONS. (a) Unless expressly authorized by the legislature in |
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accordance with this section, a state agency may not adopt a rule |
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for which notice given under Sections 2001.023 and 2001.024 |
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includes: |
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(1) a fiscal note estimating additional costs to local |
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governments as a result of enforcing or administering the rule; or |
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(2) a note stating probable economic costs to persons |
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required to comply with the rule. |
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(b) A state agency may adopt a rule for which notice is given |
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estimating costs as described by Subsection (a)(1) or (2) only if |
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the legislature by law expressly authorizes the adoption of the |
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rule with those costs. The state agency order finally adopting the |
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rule must include a reference to the law authorizing the adoption of |
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the rule with those costs. |
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(c) This section does not apply to a rule adopted by the |
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School Land Board or the land commissioner for the enforcement or |
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implementation of a provision of the Natural Resources Code |
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relating to the management of state-owned land or the protection of |
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the state's natural resources. |
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SECTION 2. The changes made to this Act apply only to a rule |
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proposed by a state agency for which notice is given under Section |
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2001.023, Government Code, on or after December 1, 2007. |
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SECTION 3. This Act takes effect September 1, 2007. |