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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that state agencies make agency guidance |
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documents accessible to the public. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 10, Government Code, is |
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amended by adding Chapter 2062 to read as follows: |
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CHAPTER 2062. STATE AGENCY GUIDANCE DOCUMENTS |
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Sec. 2062.0001. DEFINITIONS. In this chapter: |
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(1) "Guidance document" means a statement of general |
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applicability issued by a state agency that describes the agency's |
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policy on a statutory, regulatory, or technical issue that relates |
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to the agency's powers and duties or that interprets a statutory or |
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regulatory issue that relates to the agency's powers and duties. |
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The term does not include a rule adopted by a state agency. |
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(2) "State agency" means a board, commission, council, |
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department, office, or other agency in the executive branch of |
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state government. |
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Sec. 2062.0002. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed to effectuate its purposes. |
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Sec. 2062.0003. ACCESS TO GUIDANCE DOCUMENTS. (a) Each |
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state agency shall include on the agency's publicly accessible |
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Internet website a prominently displayed link to the guidance |
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documents issued by the agency. |
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(b) A state agency may not charge a person to access a |
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guidance document. |
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Sec. 2062.0004. APPLICABILITY OF PUBLIC INFORMATION LAW. |
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This chapter may not be construed to require disclosure of |
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information that is excepted from disclosure or is confidential |
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under Chapter 552. |
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SECTION 2. A state agency to which Chapter 2062, Government |
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Code, as added by this Act, applies shall comply with the |
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requirements of that chapter as soon as practicable after the |
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effective date of this Act, but not later than March 1, 2022. |
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SECTION 3. This Act takes effect September 1, 2021. |