| |
|
|
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 2001.042 to read as follows: |
|
|
Sec. 2001.042. RULES IMPOSING COSTS ON LOCAL GOVERNMENTS OR |
|
|
PERSONS. (a) Unless expressly authorized by the legislature in |
|
|
accordance 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 notice is given |
|
|
estimating costs as described by Subsection (a)(1) or (2) only if |
|
|
the legislature by law expressly authorizes the adoption of the |
|
|
rule with those costs. The state agency order finally adopting the |
|
|
rule must include a reference to the law authorizing the adoption of |
|
|
the rule with those costs. |
|
|
SECTION 2. The changes made to this Act apply 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, 2007. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |