| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the provision of notice of proposed rules by state |
|
|
agencies. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2001.024(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) The notice of a proposed rule must include: |
|
|
(1) a brief explanation of the proposed rule; |
|
|
(2) the text of the proposed rule, except any portion |
|
|
omitted under Section 2002.014, prepared in a manner to indicate |
|
|
any words to be added or deleted from the current text; |
|
|
(3) a statement of the statutory or other authority |
|
|
under which the rule is proposed to be adopted, including: |
|
|
(A) a concise explanation of the particular |
|
|
statutory or other provisions under which the rule is proposed; |
|
|
(B) the section or article of the code affected; |
|
|
[and] |
|
|
(C) if applicable, the bill number for the |
|
|
legislation that enacted the statutory authority under which the |
|
|
rule is proposed to be adopted; and |
|
|
(D) a certification that the proposed rule has |
|
|
been reviewed by legal counsel and found to be within the state |
|
|
agency's authority to adopt; |
|
|
(4) a fiscal note showing the name and title of the |
|
|
officer or employee responsible for preparing or approving the note |
|
|
and stating for each year of the first five years that the rule will |
|
|
be in effect: |
|
|
(A) the additional estimated cost to the state |
|
|
and to local governments expected as a result of enforcing or |
|
|
administering the rule; |
|
|
(B) the estimated reductions in costs to the |
|
|
state and to local governments as a result of enforcing or |
|
|
administering the rule; |
|
|
(C) the estimated loss or increase in revenue to |
|
|
the state or to local governments as a result of enforcing or |
|
|
administering the rule; and |
|
|
(D) if applicable, that enforcing or |
|
|
administering the rule does not have foreseeable implications |
|
|
relating to cost or revenues of the state or local governments; |
|
|
(5) a note about public benefits and costs showing the |
|
|
name and title of the officer or employee responsible for preparing |
|
|
or approving the note and stating for each year of the first five |
|
|
years that the rule will be in effect: |
|
|
(A) the public benefits expected as a result of |
|
|
adoption of the proposed rule; and |
|
|
(B) the probable economic cost to persons |
|
|
required to comply with the rule; |
|
|
(6) the local employment impact statement prepared |
|
|
under Section 2001.022, if required; |
|
|
(7) a request for comments on the proposed rule from |
|
|
any interested person; and |
|
|
(8) any other statement required by law. |
|
|
SECTION 2. Subchapter B, Chapter 2001, Government Code, is |
|
|
amended by adding Section 2001.0261 to read as follows: |
|
|
Sec. 2001.0261. NOTICE TO CERTAIN PERSONS. (a) This |
|
|
section applies only to a rule that is proposed to be adopted by a |
|
|
state agency under statutory authority that: |
|
|
(1) specifically authorizes the agency to adopt the |
|
|
rule; and |
|
|
(2) became law during the preceding four-year period. |
|
|
(b) A state agency shall provide, not later than the third |
|
|
day after the date on which the agency files notice with the |
|
|
secretary of state as required under Section 2001.023, notice of a |
|
|
proposed rule to each person who was a primary author or sponsor of |
|
|
the legislation that enacted the statutory authority under which |
|
|
the proposed rule is to be adopted, if that person is a current |
|
|
member of the legislature. |
|
|
(c) The state agency shall provide the notice required under |
|
|
Subsection (b) electronically to the person's designated Capitol |
|
|
e-mail address or to another e-mail address provided by the person |
|
|
to the agency for the purpose of receiving the notice. |
|
|
(d) Failure to provide the notice required under Subsection |
|
|
(b) does not invalidate a rule adopted by a state agency or an |
|
|
action taken by the agency under that rule. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a proposed state agency rule for which notice is filed with the |
|
|
secretary of state under Section 2001.023, Government Code, on or |
|
|
after the effective date of this Act. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2021. |