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A BILL TO BE ENTITLED
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AN ACT
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relating to the required repeal or amendment of two state agency |
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rules before adoption of a new state agency rule that increases |
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costs to regulated persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2001, Government Code, is |
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amended by adding Section 2001.0045 to read as follows: |
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Sec. 2001.0045. REQUIREMENT FOR RULE INCREASING COSTS TO |
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REGULATED PERSONS. (a) In this section, "state agency" has the |
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meaning assigned by Section 2001.006. |
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(b) Except as provided by Subsection (c), a state agency may |
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not adopt a proposed rule for which the fiscal note for the notice |
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required by Section 2001.024 states that the rule imposes a cost on |
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any regulated person, including another state agency, a special |
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district, and a local government, unless on or before the effective |
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date of the proposed rule the state agency: |
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(1) repeals two state agency rules that impose total |
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costs on the person in an amount equal to or greater than the cost |
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imposed on the person by the proposed rule; |
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(2) amends two state agency rules to decrease the |
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total costs imposed on the person by an amount equal to or greater |
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than the cost imposed on the person by the proposed rule; or |
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(3) repeals one state agency rule and amends one state |
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agency rule to decrease the total costs imposed on the person by an |
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amount equal to or less than the proposed rule. |
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(c) This section does not apply to a rule that: |
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(1) relates to state agency procurement; |
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(2) is amended to: |
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(A) reduce the burden or responsibilities |
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imposed on a regulated person by the rule; or |
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(B) decrease the person's cost for compliance |
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with the rule; |
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(3) is adopted in response to a natural disaster; or |
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(4) is adopted by the Department of Family and |
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Protective Services. |
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(d) Each state agency that adopts a rule subject to this |
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section shall comply with the requirements imposed by Subchapter B |
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and Chapter 2002 for publication in the Texas Register. |
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SECTION 2. Section 2001.0045, Government Code, as added by |
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this Act, applies only to a rule proposed by a state agency on or |
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after the effective date of this Act. A rule proposed before that |
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date is governed by the law in effect on the date the rule was |
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proposed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect only if a specific |
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appropriation for the implementation of the Act is provided in a |
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general appropriations act of the 85th Legislature. |
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SECTION 4. This Act takes effect September 1, 2017. |