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A BILL TO BE ENTITLED
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AN ACT
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relating to a cost-benefit analysis of rules adopted or amended by |
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the supreme court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 22, Government Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. COST-BENEFIT ANALYSIS OF |
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SUPREME COURT RULES AND RULE AMENDMENTS |
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Sec. 22.351. APPLICABILITY. This subchapter applies only |
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to rules and rule amendments adopted by the supreme court. |
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Sec. 22.352. LIMITATION ON ADOPTION OF RULES AND RULE |
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AMENDMENTS. The supreme court may not adopt or amend a rule under |
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Section 22.003, 22.004, 81.024, 81.0242, 81.072, 81.0753, 81.077, |
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or 81.102 unless the court complies with the requirements of this |
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subchapter. |
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Sec. 22.353. COST-BENEFIT ANALYSIS. Before adopting or |
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amending a rule subject to this subchapter, the supreme court shall |
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conduct a cost-benefit analysis that: |
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(1) identifies the problem the proposed rule or rule |
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amendment is intended to address; |
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(2) determines whether a new rule or rule amendment is |
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necessary to address the problem; and |
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(3) considers the benefits and costs of the proposed |
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rule or rule amendment in relation to this state's legal |
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profession, attorney disciplinary system, and court system and to |
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the public. |
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Sec. 22.354. DRAFT OF COST-BENEFIT ANALYSIS. (a) Not later |
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than the 90th day before the proposed effective date of a proposed |
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rule or rule amendment subject to this subchapter, the supreme |
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court shall: |
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(1) publish on its Internet website a draft of the |
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cost-benefit analysis describing the anticipated effects of the |
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proposed rule or rule amendment; and |
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(2) file a copy of the draft with: |
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(A) the governor's office; |
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(B) the Legislative Budget Board; and |
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(C) the presiding officer of each legislative |
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standing committee with subject matter jurisdiction over the state |
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judicial system. |
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(b) The draft of the cost-benefit analysis must, at a |
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minimum: |
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(1) identify the benefits the supreme court |
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anticipates from adoption and implementation of the rule or rule |
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amendment, including an estimate of: |
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(A) the increased protection provided to the |
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public and to attorneys' clients; and |
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(B) any beneficial effect on the cost of legal |
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services provided by attorneys to clients; |
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(2) identify the costs anticipated by the supreme |
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court after implementation of the rule or rule amendment to: |
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(A) this state's court system, attorney |
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disciplinary system, and legal profession; |
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(B) clients of attorneys in this state; and |
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(C) the public; |
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(3) describe the benefits and costs anticipated from |
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implementation of the rule or rule amendment with: |
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(A) a quantitative description to the extent |
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feasible; and |
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(B) a qualitative description when a |
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quantitative description is not feasible or is not adequately |
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descriptive; |
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(4) describe reasonable alternative methods for |
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achieving the purpose of the proposed rule or rule amendment that |
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the supreme court considered and provide the reasons the court |
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rejected those alternatives in favor of the proposed rule or rule |
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amendment; and |
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(5) include a provision that informs the public of its |
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opportunity to comment on the draft of the cost-benefit analysis |
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and of the supreme court's duty to review and consider all comments. |
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(c) The supreme court shall review and consider all comments |
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related to the draft of the cost-benefit analysis that are |
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submitted to the court. |
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Sec. 22.355. REPORT OF RULE OR RULE AMENDMENT. Not later |
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than the 45th day before the effective date of a rule or rule |
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amendment adopted by the supreme court, the supreme court shall |
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file a copy of the rule or rule amendment with: |
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(1) the governor's office; |
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(2) the Legislative Budget Board; and |
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(3) the presiding officer of each legislative standing |
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committee with subject matter jurisdiction over the state judicial |
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system. |
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SECTION 2. The change in law made by this Act applies only |
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to a rule amended or adopted by the Texas Supreme Court on or after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |