| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a limitation on the authority of state agencies to adopt |
|
|
rules that require persons to pay certain fees or taxes. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 2001, Government Code, is |
|
|
amended by adding Section 2001.008 to read as follows: |
|
|
Sec. 2001.008. LIMITATION ON ADOPTION OF RULES REQUIRING |
|
|
PAYMENT OF CERTAIN FEES OR TAXES. (a) Unless the authority has |
|
|
been explicitly granted to a state agency by the legislature, a |
|
|
state agency may not adopt a rule that requires a person to pay a fee |
|
|
or a tax if: |
|
|
(1) the rule authorizes the imposition of a fee or a |
|
|
tax on an item, service, privilege, or transaction that, at the time |
|
|
the agency proposes to adopt the rule, is not subject to the fee or |
|
|
tax; and |
|
|
(2) the agency has not previously interpreted the |
|
|
statutory or other authority under which the rule is proposed to be |
|
|
adopted to authorize the agency to impose the fee or tax on the |
|
|
applicable item, service, privilege, or transaction. |
|
|
(b) For purposes of this section, a provision of law that |
|
|
contains a statement of legislative intent, findings, purpose, or |
|
|
policy, or a statement describing an agency's general powers and |
|
|
duties, is not an explicit grant of authority by the legislature. |
|
|
SECTION 2. 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 3. This Act takes effect September 1, 2023. |