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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for notice and the adoption of state agency |
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emergency rules that restrict access to residents of long-term care |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.026, Government Code, is amended to |
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read as follows: |
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Sec. 2001.026. NOTICE TO PERSONS REQUESTING ADVANCE NOTICE |
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OF PROPOSED RULES. (a) A state agency shall mail notice of a |
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proposed rule to each person who has made a timely written request |
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of the agency for advance notice of its rulemaking proceedings. |
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Failure to mail the notice does not invalidate an action taken or |
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rule adopted. |
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(b) A state agency shall, using the system adopted by the |
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agency for electronic delivery of information, deliver advance |
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notice of an emergency rule described by Section 2001.034(e) to the |
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e-mail address of each person who requests electronic notice of |
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those rules if the person provides a valid e-mail address with the |
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request. |
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SECTION 2. Section 2001.034, Government Code, is amended by |
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adding Subsections (e) and (f) to read as follows: |
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(e) Notwithstanding any other provision of this section, a |
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state agency with regulatory authority over long-term care |
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facilities may not adopt an emergency rule that restricts access to |
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a resident of a long-term care facility unless the agency provides |
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notice of the agency's intent to adopt the rule, allows 48 hours |
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after publication of the notice for members of the public to comment |
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in writing on the rule, and spends at least 24 hours reviewing the |
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comments received on the rule. The rule may not take effect until |
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after the periods for public comment and agency review required by |
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this subsection have expired. For purposes of this subsection, |
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"long-term care facility" means: |
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(1) a facility licensed or regulated under Chapter |
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242, 247, or 252, Health and Safety Code; or |
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(2) a state supported living center as defined by |
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Section 531.002, Health and Safety Code. |
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(f) The notice required under Subsection (e) of this section |
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must: |
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(1) notwithstanding Section 2001.024, include: |
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(A) the text of the rule; |
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(B) a detailed explanation of the effect of the |
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rule; |
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(C) the following words, written in all capital |
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letters in an easily readable font and type size: "YOU MAY SUBMIT |
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COMMENTS ON THIS PROPOSED RULE. COMMENTS SHOULD BE SUBMITTED |
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ELECTRONICALLY TO (insert a dedicated e-mail address used by the |
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state agency for receipt of public comments) NOT LATER THAN (insert |
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date and time at which period for public comments ends)."; and |
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(D) a toll-free telephone number a person may use |
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to receive information on the rule that includes relay services for |
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persons with speech or hearing disabilities; and |
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(2) notwithstanding any other provision of this |
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subchapter, be published by the state agency adopting the rule |
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using the following methods: |
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(A) by e-mail to a person who has requested |
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advance notice of the agency's proposed rules under Section |
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2001.026 and provided the agency an e-mail address under that |
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section; |
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(B) if practicable, by publication in the Texas |
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Register in the manner prescribed by Chapter 2002; |
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(C) by posting a copy of the notice on: |
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(i) the agency's Internet website; and |
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(ii) any platform for electronic |
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communication on which the agency regularly posts public |
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announcements and information; and |
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(D) by sending the notice to designated media |
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outlets in this state so that participating radio stations, |
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television stations, and other media outlets may provide notice at |
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reasonable intervals to inform the public of the contents of the |
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notice. |
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SECTION 3. The changes in law made by this Act apply only to |
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an emergency rule that is adopted by a state agency on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |