H.B. No. 1290
 
 
 
 
AN ACT
  relating to the required repeal of a state agency rule and a
  government growth impact statement before adoption of a new state
  agency rule.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 2001, Government Code, is
  amended by adding Section 2001.0045 to read as follows:
         Sec. 2001.0045.  REQUIREMENT FOR RULE INCREASING COSTS TO
  REGULATED PERSONS. (a) In this section, "state agency" means a
  department, board, commission, committee, council, agency, office,
  or other entity in the executive, legislative, or judicial branch
  of state government. This term does not include an agency under the
  authority of an elected officer of this state.
         (b)  A state agency rule proposal that contains more than one
  rule in a single rulemaking action is considered one rule for
  purposes of this section. Except as provided by Subsection (c), a
  state agency may not adopt a proposed rule for which the fiscal note
  for the notice required by Section 2001.024 states that the rule
  imposes a cost on regulated persons, including another state
  agency, a special district, or a local government, unless on or
  before the effective date of the proposed rule the state agency:
               (1)  repeals a rule that imposes a total cost on
  regulated persons that is equal to or greater than the total cost
  imposed on regulated persons by the proposed rule; or
               (2)  amends a rule to decrease the total cost imposed on
  regulated persons by an amount that is equal to or greater than the
  cost imposed on the persons by the proposed rule.
         (c)  This section does not apply to a rule that:
               (1)  relates to state agency procurement;
               (2)  is amended to:
                     (A)  reduce the burden or responsibilities
  imposed on regulated persons by the rule; or
                     (B)  decrease the persons' cost for compliance
  with the rule;
               (3)  is adopted in response to a natural disaster;
               (4)  is necessary to receive a source of federal funds
  or to comply with federal law;
               (5)  is necessary to protect water resources of this
  state as authorized by the Water Code;
               (6)  is necessary to protect the health, safety, and
  welfare of the residents of this state;
               (7)  is adopted by the Department of Family and
  Protective Services, Department of Motor Vehicles, Public Utility
  Commission, Texas Commission on Environmental Quality, or Texas
  Racing Commission;
               (8)  is adopted by a self-directed semi-independent
  agency; or
               (9)  is necessary to implement legislation, unless the
  legislature specifically states this section applies to the rule.
         (d)  Each state agency that adopts a rule subject to this
  section shall comply with the requirements imposed by Subchapter B
  and Chapter 2002 for publication in the Texas Register.
         SECTION 2.  Subchapter B, Chapter 2001, Government Code, is
  amended by adding Section 2001.0221 to read as follows:
         Sec. 2001.0221.  GOVERNMENT GROWTH IMPACT STATEMENTS. (a)
  A state agency shall prepare a government growth impact statement
  for a proposed rule.
         (b)  A state agency shall reasonably describe in the
  government growth impact statement whether, during the first five
  years that the rule would be in effect:
               (1)  the proposed rule creates or eliminates a
  government program;
               (2)  implementation of the proposed rule requires the
  creation of new employee positions or the elimination of existing
  employee positions;
               (3)  implementation of the proposed rule requires an
  increase or decrease in future legislative appropriations to the
  agency;
               (4)  the proposed rule requires an increase or decrease
  in fees paid to the agency;
               (5)  the proposed rule creates a new regulation;
               (6)  the proposed rule expands, limits, or repeals an
  existing regulation;
               (7)  the proposed rule increases or decreases the
  number of individuals subject to the rule's applicability; and
               (8)  the proposed rule positively or adversely affects
  this state's economy.
         (c)  The comptroller shall adopt rules to implement this
  section. The rules must require that the government growth impact
  statement be in plain language. The comptroller may prescribe a
  chart that a state agency may use to disclose the items required
  under Subsection (b).
         (d)  Each state agency shall incorporate the impact
  statement into the notice required by Section 2001.024.
         (e)  Failure to comply with this section does not impair the
  legal effect of a rule adopted under this chapter.
         SECTION 3.  Section 2001.0045, Government Code, as added by
  this Act, applies only to a rule proposed by a state agency on or
  after the effective date of this Act. A rule proposed before that
  date is governed by the law in effect on the date the rule was
  proposed, and the former law is continued in effect for that
  purpose.
         SECTION 4.  Not later than October 1, 2017, the comptroller
  shall adopt rules required under Section 2001.0221(c), Government
  Code, as added by this Act.
         SECTION 5.  Section 2001.0221, Government Code, as added by
  this Act, applies only to a proposed rule for which the notice
  required under Section 2001.023(b), Government Code, is filed on or
  after November 1, 2017.
         SECTION 6.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1290 was passed by the House on May 6,
  2017, by the following vote:  Yeas 114, Nays 28, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1290 on May 25, 2017, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 1290 on May 28, 2017, by the following vote:  Yeas 119,
  Nays 22, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1290 was passed by the Senate, with
  amendments, on May 23, 2017, by the following vote:  Yeas 25, Nays
  6; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  1290 on May 28, 2017, by the following vote:  Yeas 23, Nays 8.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor