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A BILL TO BE ENTITLED
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AN ACT
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relating to the review of certain rules of state agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 2001, Government Code, is |
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amended by adding Sections 2001.0321 and 2001.0401 to read as |
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follows: |
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Sec. 2001.0321. FINANCIAL ANALYSIS. (a) In this section: |
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(1) "Board" means the Legislative Budget Board. |
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(2) "Interested party" means: |
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(A) a person subject to regulation under a |
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proposed rule; or |
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(B) a nonprofit corporation whose members may be |
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affected by a proposed rule. |
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(b) A state agency shall file, on the same day it files |
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notice with the secretary of state as required by Section 2001.023, |
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a copy of each proposed rule other than an emergency rule with the |
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board and, if applicable, a copy of the statement required under |
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Subsection (e). |
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(c) Except as provided by Subsection (e), the board shall |
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perform a cost-benefit analysis of each proposed rule submitted to |
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the board. The board shall submit the analysis: |
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(1) to the governor and to the legislature not later |
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than the 180th day after the effective date of the proposed rule as |
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provided by Section 2001.036; and |
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(2) to an interested party at least 30 days before |
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submitting the analysis to the governor and the legislature under |
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Subdivision (1). |
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(d) In performing the analysis under Subsection (c), the |
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board may use available statistical data to estimate the costs and |
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benefits of a proposed rule and shall consider any verifiable data |
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available that relates to the proposed rule, including data |
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submitted for the board's consideration by an interested party. |
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The board may not: |
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(1) disclose any material submitted by an interested |
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party to any person other than an employee of the board; and |
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(2) compel an interested party or any other person to |
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produce documents or other materials for the purpose of performing |
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the analysis required under this section. |
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(e) If a rule proposed by a state agency is a technical |
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amendment that does not substantively affect the rule it amends, |
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the state agency shall file a statement to that effect with the |
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proposed rule at the time the rule is submitted to the board for |
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consideration. The board: |
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(1) shall adopt criteria to determine when a rule is a |
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technical amendment that does not substantively affect the rule it |
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amends; and |
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(2) may not perform the analysis required under |
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Subsection (c) for a rule that meets the criteria developed under |
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Subdivision (1). |
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Sec. 2001.0401. REVIEW AND CONTINUATION OF EXISTING RULES. |
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(a) In this section: |
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(1) "Board" means the Legislative Budget Board. |
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(2) "Rule" means a rule for which notice was filed with |
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the secretary of state as required by Section 2001.023 and includes |
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an amendment to a rule. |
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(b) Not later than the 180th day after the date of the third |
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anniversary of a rule's effective date, the board shall file a |
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report on the financial effect of the rule with the governor and the |
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legislature. |
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(c) The report required under Subsection (b) must: |
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(1) cover a period beginning on the rule's effective |
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date and ending on the third anniversary of that date; |
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(2) include an analysis of the primary effect of the |
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rule, as appropriate, on: |
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(A) consumer protection; |
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(B) worker safety; |
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(C) the environment; |
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(D) the rate of employment in this state; |
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(E) the reliability of energy transmission in |
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this state; and |
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(F) the competitiveness of businesses in this |
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state; |
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(3) estimate any secondary effects of the rule on |
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Subdivisions (2)(A)-(F); |
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(4) determine: |
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(A) the cost savings, expressed in a dollar |
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amount, realized from adoption of the rule, if any; and |
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(B) the number of persons subject to the rule, |
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classified by industry sector; and |
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(5) compare the financial analysis of the rule |
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required under Section 2001.0321 to the analysis performed under |
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this section. |
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(d) The governor is authorized to and may by official action |
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rescind a rule if the report required under Subsection (b) |
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indicates that: |
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(1) the costs of the rule exceed any benefit provided |
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by the rule; or |
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(2) the rule had an adverse effect on employment in |
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this state during the period covered by the report. |
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SECTION 2. The change in law made by this Act applies only |
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to a proposed state agency rule or amendment to a rule for which |
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notice of the rule as proposed is first published in the Texas |
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Register under Section 2001.023, Government Code, on or after the |
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effective date of this Act. A rule or amendment to a rule for which |
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notice is published before the effective date of this Act is |
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governed by the law in effect when the notice was published, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |