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A BILL TO BE ENTITLED
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AN ACT
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relating to the state agency concurrence required before certain |
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federal regulatory action is imposed on regulated business entities |
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in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 10, Government Code, is |
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amended by adding Chapter 2010 to read as follows: |
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CHAPTER 2010. STATE AGENCY CONCURRENCE |
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FOR CERTAIN FEDERAL REGULATORY ACTIONS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2010.001. DEFINITIONS. In this chapter: |
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(1) "Adversarial action" means any heavy-handed, |
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over-burdensome, unilateral, arbitrary, capricious, manufactured, |
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illegal, or other detrimental action of a federal agency against a |
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regulated business entity that a state agency considers |
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adversarial. |
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(2) "Federal agency" means an agency of the United |
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States government that has jurisdiction over a regulated business |
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entity in this state. |
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(3) "Regulated business entity" means a sole |
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proprietorship, partnership, firm, corporation, holding company, |
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joint-stock company, receivership, trust, or other entity |
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recognized by law that holds a license, certificate of |
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registration, permit, or other regulatory approval issued by a |
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state agency or that is otherwise regulated by a state agency. The |
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term does not include an individual who is regulated by a state |
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agency. |
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(4) "State agency" means a board, commission, |
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department, office, or other agency in the executive branch of |
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state government that is created by the constitution or a statute of |
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this state. |
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[Sections 2010.002-2010.050 reserved for expansion] |
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SUBCHAPTER B. STATE AGENCY POWERS AND DUTIES |
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Sec. 2010.051. PROCEDURES REQUIRED. (a) Each state agency |
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that regulates a regulated business entity shall by rule establish |
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procedures that a federal agency must follow before taking an |
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adversarial action against the regulated business entity. |
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(b) The procedures established under Subsection (a) must |
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require the federal agency to: |
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(1) obtain the state agency's concurrence with any |
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proposed adversarial action before proceeding with the action |
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against the regulated business entity; or |
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(2) negotiate with the state agency to reach |
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concurrence on an alternative action against the regulated business |
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entity. |
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[Sections 2010.052-2010.100 reserved for expansion] |
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SUBCHAPTER C. DEFENSE AND RELIEF |
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Sec. 2010.101. DEFENSE. A regulated business entity may |
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assert as a defense in any administrative or judicial proceeding to |
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enforce a statute or administrative rule of a federal agency that |
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the federal agency failed to comply with the procedures adopted by |
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the state agency under Section 2010.051. |
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Sec. 2010.102. RELIEF. A regulated business entity may |
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bring an action for declaratory judgment or injunctive or other |
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equitable relief if a federal agency violates the procedures |
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adopted by a state agency under Section 2010.051. |
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Sec. 2010.103. INITIAL BURDEN OF PERSUASION. A regulated |
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business entity that brings an action or asserts a defense under |
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this subchapter has the initial burden of persuasion that the |
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federal agency failed to comply with the procedures adopted by a |
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state agency under Section 2010.051. |
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Sec. 2010.104. CLEAR AND CONVINCING EVIDENCE. If the |
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regulated business entity meets the burden of persuasion under |
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Section 2010.103, the federal agency must then demonstrate by clear |
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and convincing evidence that the federal agency complied with the |
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procedures adopted under Section 2010.051. |
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SECTION 2. Not later than December 1, 2011, each state |
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agency that regulates a regulated business entity shall adopt rules |
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to establish the procedures required by Chapter 2010, Government |
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Code, as added by this Act. |
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SECTION 3. Chapter 2010, Government Code, as added by this |
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Act, applies only to an adversarial action by a federal agency on or |
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after January 1, 2012. |
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SECTION 4. This Act takes effect September 1, 2011. |