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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. Subdivisions (2) and (3), Section 2006.001, |
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Government Code, 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 100 employees or less than $6 |
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[$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 Subsections (c-1) and |
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(g) to read as follows: |
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(c) Before adopting a rule that may [would] have an adverse |
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economic effect on small businesses, a state agency shall 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 the
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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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(g) The attorney general, in consultation with the |
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comptroller, shall prepare guidelines to assist a state agency: |
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(1) in determining a proposed rule's potential adverse |
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economic effects on small businesses; and |
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(2) in identifying and evaluating alternative methods |
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of achieving the purpose of a proposed rule. |
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SECTION 3. 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 4. This Act takes effect September 1, 2007. |
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