By: Roberts, et al. (Senate Sponsor - Kolkhorst) H.B. No. 1290
         (In the Senate - Received from the House May 8, 2017;
  May 18, 2017, read first time and referred to Committee on Business &
  Commerce; May 19, 2017, rereferred to Committee on
  Administration; May 22, 2017, reported favorably by the following
  vote:  Yeas 5, Nays 2; May 22, 2017, sent to printer.)
Click here to see the committee vote
  relating to the required repeal of a state agency rule before
  adoption of a new state agency rule.
         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
         (b)  Except as provided by Subsection (h), 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
         (c)  Before a proposed rule subject to this section is first
  published or adopted, a state agency must prepare for the proposed
  rule a proposed rule reduction statement.
         (d)  The proposed rule reduction statement must:
               (1)  describe the rule proposed to be added and the rule
  proposed to be repealed;
               (2)  reasonably describe, with respect to the first
  five years the proposed rule would be in effect, whether:
                     (A)  the proposed rule creates or eliminates a
  governmental program;
                     (B)  implementation of the proposed rule requires
  the creation of additional employee positions or the elimination of
  existing employee positions;
                     (C)  implementation of the proposed rule requires
  an increase or decrease in future legislative appropriations to the
  state agency;
                     (D)  the proposed rule requires an increase or
  decrease in fees paid to the state agency;
                     (E)  the proposed rule expands, limits, or repeals
  another existing rule;
                     (F)  the proposed rule increases or decreases the
  number of individuals subject to the rule's applicability; and
                     (G)  the proposed rule positively or adversely
  affects this state's economy; and
               (3)  to the extent applicable, reasonably describe,
  with respect to the repealed rule, the information required under
  Subdivision (2).
         (e)  The comptroller shall adopt rules necessary to
  implement this section. The rules must require that the statement
  required under Subsection (d) be in plain language. The
  comptroller may prescribe a chart for use by a state agency in
  disclosing the information required under that subsection.
         (f)  A state agency's failure to comply with the requirements
  of Subsection (d) does not affect the legal status of a rule adopted
  under this chapter.
         (g)  This section applies to the adoption of an emergency
         (h)  This section does not apply to the adoption of a rule:
               (1)  specifically required by the legislature;
               (2)  necessary to protect the health and safety of the
  residents of this state as authorized under the Health and Safety
  Code; or
               (3)  related to the essential knowledge and skills
  developed under Subchapter A, Chapter 28, Education Code, or high
  school graduation requirements adopted under Section 28.025,
  Education Code.
         SECTION 2.  Not later than October 1, 2017, the comptroller
  shall adopt the rules required under Section 2001.0045, Government
  Code, as added by this Act.
         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 November 1, 2017. A rule proposed by a state agency before
  that date is governed by the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.
  * * * * *