LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION

March 21, 2017

TO:	Honorable Byron Cook, Chair, House Committee on State Affairs
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	HB1290 by Roberts (Relating to the required repeal of a state agency rule before adoption of a new state agency rule.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Government Code to restrict a state agency from adopting a proposed rule unless on or before the effective date of the proposed rule, the state agency repeals at least one state agency rule. The bill would apply the restriction to a "state agency" as defined by Section 2001.006 of the Government Code. The restriction would not apply to the adoption of a rule specifically required by the legislature or to a rule necessary to protect the health and safety of the residents of this state as authorized under the Health and Safety Code.
 
Based on the analyses of several agencies, any additional work resulting from implementation of the bill could be absorbed within existing resources.
 
To the extent that the bill only addresses rulemaking procedure rather than modify, add, or abolish a tax or fee, the bill would not have a direct revenue implication. However, the Comptroller indicates that the requirements of the bill could delay implementation of other legislative changes and reduce guidance to taxpayers regarding new and existing law, and may therefore result in delayed or reduced revenue collections.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

304 Comptroller of Public Accounts, 307 Secretary of State, 360 State Office of Administrative Hearings, 405 Department of Public Safety, 451 Department of Banking, 452 Department of Licensing and Regulation, 458 Alcoholic Beverage Commission, 503 Texas Medical Board, 537 State Health Services, Department of, 551 Department of Agriculture, 582 Commission on Environmental Quality, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration, 781 Higher Education Coordinating Board

LBB Staff:

UP, AG, NV, LCO, MSO, EK, RD, ASa