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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption and voidability of certain rules proposed |
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by a state agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.0045(c), Government Code, is |
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amended to read as follows: |
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(c) This section does not apply to a rule that: |
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(1) relates to state agency procurement; |
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(2) is amended to: |
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(A) reduce the burden or responsibilities |
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imposed on regulated persons by the rule; or |
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(B) decrease the persons' cost for compliance |
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with the rule; |
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(3) is adopted in response to a natural disaster; |
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(4) is necessary to receive a source of federal funds |
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or to comply with federal law; |
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(5) is necessary to protect water resources of this |
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state as authorized by the Water Code; |
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(6) [is necessary to protect the health, safety, and |
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welfare of the residents of this state; |
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[(7)] is adopted by the Department of Family and |
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Protective Services, Texas Department of Motor Vehicles, Parks and |
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Wildlife Department, Public Utility Commission of Texas, Texas |
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Commission on Environmental Quality, or Texas Racing Commission; |
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(7) [(8)] is adopted by a self-directed |
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semi-independent agency; or |
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(8) [(9)] is necessary to implement legislation, |
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unless the legislature specifically states this section applies to |
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the rule. |
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SECTION 2. Sections 2001.035(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) A rule is voidable unless a state agency adopts it in |
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substantial compliance with Section 2001.0045 and Sections |
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2001.0225 through 2001.034. |
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(b) A person must initiate a proceeding to contest a rule on |
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the ground of noncompliance with the procedural requirements of |
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Section 2001.0045 or Sections 2001.0225 through 2001.034 not later |
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than the second anniversary of the effective date of the rule. |
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SECTION 3. The changes in law made by this Act apply only to |
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a rule proposed by a state agency on or after the effective date of |
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this Act. A rule proposed before that date is governed by the law in |
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effect on the date the rule was proposed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |