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A BILL TO BE ENTITLED
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AN ACT
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relating to state agency rules affecting small businesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2006.001(2) and (3), Government Code, |
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are amended to read as follows: |
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(2) "Small business" means a legal entity, including a |
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corporation, partnership, or sole proprietorship, that: |
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(A) is formed for the purpose of making a profit; |
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(B) is independently owned and operated; and |
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(C) has fewer than 500 [100] employees or less |
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than $6 [$1] million in annual gross receipts. |
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(3) "State agency" means a department, board, bureau, |
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commission, division, office, council, or other agency of the state |
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and includes an officer who is authorized by law to determine |
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contested cases. |
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SECTION 2. Section 2006.002, Government Code, is amended by |
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amending Subsections (c) and (d) and adding Subsection (c-1) to |
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read as follows: |
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(c) Before adopting a proposed rule that may [would] have an |
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adverse economic effect on small businesses, a state agency shall |
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prepare: |
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(1) an economic impact statement that estimates the |
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number of small businesses subject to the proposed rule, projects |
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the economic impact of the rule on small businesses, and describes |
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alternative methods of achieving the purpose of the proposed rule; |
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and |
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(2) a regulatory flexibility analysis that includes |
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the agency's consideration of alternative methods of achieving the |
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purpose of the proposed rule. |
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(c-1) The analysis under Subsection (c) shall consider, if |
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consistent with the health, safety, and environmental and economic |
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welfare of the state, using regulatory methods that will accomplish |
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the objectives of applicable rules while minimizing adverse impacts |
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on small businesses. The state agency must include in the analysis |
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several proposed methods of reducing the adverse impact of a |
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proposed rule on a small business. [a statement of the effect of
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the rule on small businesses. The statement must include:
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[(1) an analysis of the cost of compliance with the
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rule for small businesses; and
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[(2) a comparison of the cost of compliance for small
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businesses with the cost of compliance for the largest businesses
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affected by the rule, using at least one of the following standards:
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[(A)cost for each employee;
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[(B)cost for each hour of labor; or
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[(C)cost for each $100 of sales.] |
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(d) The agency shall include the economic impact statement |
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and regulatory flexibility analysis [statement of effect] as part |
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of the notice of the proposed rule that the agency files with the |
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secretary of state for publication in the Texas Register and shall |
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provide copies to the standing committee of each house of the |
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legislature that is charged with reviewing the proposed rule. |
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SECTION 3. Subchapter A, Chapter 2006, Government Code, is |
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amended by adding Sections 2006.003 and 2006.004 to read as |
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follows: |
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Sec. 2006.003. JUDICIAL REVIEW OF STATE AGENCY DECISION TO |
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ADOPT RULE. (a) A small business that is adversely affected by a |
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state agency's final action with regard to the adoption of a rule is |
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entitled to judicial review of the agency's compliance with the |
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requirements of this subchapter. |
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(b) A small business may seek judicial review beginning on |
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the date of the state agency's final action with regard to the |
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adoption of a rule and not later than one year after that date. |
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Sec. 2006.004. STATE AGENCY REVIEW OF RULES. (a) A state |
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agency shall: |
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(1) review rules adopted before January 1, 2008, to |
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determine whether those rules have any adverse economic impact on |
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small businesses; and |
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(2) at least every five years, review rules adopted on |
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or after January 1, 2008, to determine whether those rules have any |
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adverse economic impact on small businesses. |
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(b) If a state agency determines that a rule has an adverse |
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economic impact on small businesses, the agency shall decide |
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whether the rule should be repealed or amended to minimize any |
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adverse economic impact on small businesses. |
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SECTION 4. Section 2006.002, Government Code, as amended by |
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this Act, applies only to a rule that is adopted on or after January |
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1, 2008. A rule adopted before that date is governed by the law in |
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effect when the rule was adopted, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. Not later than September 1, 2011, a state agency |
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shall review all rules adopted before January 1, 2008, as required |
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by Section 2006.004(a)(1), Government Code, as added by this Act, |
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to determine whether those rules have any adverse economic impact |
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on small businesses. |
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SECTION 6. This Act takes effect September 1, 2007. |