85R7612 YDB-D
 
  By: Roberts, Button, Parker, Kacal, et al. H.B. No. 1290
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the required repeal of a state agency rule 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 NEW RULE. (a)  In this
  section, "state agency" has the meaning assigned by Section
  2001.006.
         (b)  Except as provided by Subsection (c), a state agency may
  not adopt a proposed rule unless on or before the effective date of
  the proposed rule the state agency repeals at least one state agency
  rule.
         (c)  This section does not apply to the adoption of a rule:
               (1)  specifically required by the legislature; or
               (2)  necessary to protect the health and safety of the
  residents of this state as authorized under the Health and Safety
  Code.
         SECTION 2.  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 3.  This Act takes effect September 1, 2017.