By: Kolkhorst, Bettencourt S.B. No. 210

(In the Senate - Filed November 14, 2016; January 25, 2017, read first time and referred to Committee on Business & Commerce; April 24, 2017, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; April 24, 2017, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 210 By: Creighton

A BILL TO BE ENTITLED

AN ACT

relating to the required repeal or amendment of two state agency rules before adoption of a new state agency rule that increases costs to regulated persons.

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" has the meaning assigned by Section 2001.006.

(b) 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 any regulated person, including another state agency, a special district, and a local government, unless on or before the effective date of the proposed rule the state agency:

(1) repeals two state agency rules that impose total costs on the person in an amount equal to or greater than the cost imposed on the person by the proposed rule;

(2) amends two state agency rules to decrease the total costs imposed on the person by an amount equal to or greater than the cost imposed on the person by the proposed rule; or

(3) repeals one state agency rule and amends one state agency rule to decrease the total costs imposed on the person by an amount equal to or less than the proposed rule.

(c) This section does not apply to a rule that:

(1) relates to state agency procurement; or

(2) is amended to:

(A) reduce the burden or responsibilities imposed on a regulated person by the rule; or

(B) decrease the person's cost for compliance with 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. 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 only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.

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

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