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A BILL TO BE ENTITLED
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AN ACT
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relating to the fiscal note associated with certain proposed state |
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agency rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.024, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A fiscal note provided under Subsection (a)(4) must |
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assign an estimated dollar amount for any cost to a state or local |
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government in enforcing or administering a proposed rule. A state |
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agency may not determine that the cost to a state or local |
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government of enforcing or administering a proposed rule is |
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insignificant because the state or local government can pass on the |
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cost to a customer or other third party associated with the proposed |
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rule. |
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SECTION 2. Section 2001.0225(c), Government Code, is |
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amended to read as follows: |
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(c) When giving notice of a major environmental rule subject |
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to this section, a state agency shall incorporate into the fiscal |
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note required by Section 2001.024 a draft impact analysis |
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describing the anticipated effects of the proposed rule. The draft |
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impact analysis, at a minimum, must: |
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(1) identify the benefits that the agency anticipates |
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from adoption and implementation of the rule, including reduced |
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risks to human health, safety, or the environment; |
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(2) identify the costs, in an estimated dollar amount, |
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that the agency anticipates state agencies, local governments, the |
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public, and the regulated community will experience after |
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implementation of the rule; |
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(3) describe the benefits and costs anticipated from |
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implementation of the rule in as quantitative a manner as feasible, |
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but including a qualitative description when a quantitative |
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description is not feasible or adequately descriptive; |
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(4) describe reasonable alternative methods for |
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achieving the purpose of the rule that were considered by the agency |
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and provide the reasons for rejecting those alternatives in favor |
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of the proposed rule; |
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(5) identify the data and methodology used in |
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performing the analysis required by this section; |
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(6) provide an explanation of whether the proposed |
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rule specifies a single method of compliance, and, if so, explain |
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why the agency determines that a specified method of compliance is |
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preferable to adopting a flexible regulatory approach, such as a |
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performance-oriented, voluntary, or market-based approach; |
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(7) state that there is an opportunity for public |
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comment on the draft impact analysis under Section 2001.029 and |
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that all comments will be addressed in the publication of the final |
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regulatory analysis; and |
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(8) provide information in such a manner that a |
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reasonable person reading the analysis would be able to identify |
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the impacts of the proposed rule. |
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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. |