85R23107 CJC-D

By: Dale H.B. No. 462

A BILL TO BE ENTITLED

AN ACT

relating to the provision of notice of proposed rules by state agencies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2001.024(a), Government Code, is amended to read as follows:

(a) The notice of a proposed rule must include:

(1) a brief explanation of the proposed rule;

(2) the text of the proposed rule, except any portion omitted under Section 2002.014, prepared in a manner to indicate any words to be added or deleted from the current text;

(3) a statement of the statutory or other authority under which the rule is proposed to be adopted, including:

(A) a concise explanation of the particular statutory or other provisions under which the rule is proposed;

(B) the section or article of the code affected; [and]

(C) the bill number for the legislation that enacted the statutory or other authority under which the rule is proposed to be adopted; and

(D) a certification that the proposed rule has been reviewed by legal counsel and found to be within the state agency's authority to adopt;

(4) a fiscal note showing the name and title of the officer or employee responsible for preparing or approving the note and stating for each year of the first five years that the rule will be in effect:

(A) the additional estimated cost to the state and to local governments expected as a result of enforcing or administering the rule;

(B) the estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule;

(C) the estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering the rule; and

(D) if applicable, that enforcing or administering the rule does not have foreseeable implications relating to cost or revenues of the state or local governments;

(5) a note about public benefits and costs showing the name and title of the officer or employee responsible for preparing or approving the note and stating for each year of the first five years that the rule will be in effect:

(A) the public benefits expected as a result of adoption of the proposed rule; and

(B) the probable economic cost to persons required to comply with the rule;

(6) the local employment impact statement prepared under Section 2001.022, if required;

(7) a request for comments on the proposed rule from any interested person; and

(8) any other statement required by law.

SECTION 2. Subchapter B, Chapter 2001, Government Code, is amended by adding Section 2001.0261 to read as follows:

Sec. 2001.0261. NOTICE TO CERTAIN PERSONS. (a) A state agency shall provide, on the same day the agency files notice with the secretary of state as required under Section 2001.023, notice of a proposed rule to each primary author, any joint author, each sponsor, and any joint sponsor of the legislation that enacted the statutory or other authority under which the proposed rule is to be adopted.

(b) The state agency shall provide the notice required under Subsection (a) electronically if the recipient of the notice has provided an electronic mail address to the agency for the purpose of receiving the notice.

(c) Failure to provide the notice required under Subsection (a) does not invalidate a rule adopted by a state agency or an action taken by the agency under that rule.

SECTION 3. The change in law made by this Act applies only to a proposed state agency rule for which notice is filed with the secretary of state under Section 2001.023, Government Code, on or after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2017.