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A BILL TO BE ENTITLED
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AN ACT
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relating to state agency review of adopted rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.039, Government Code, is amended by |
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amending Subsection (e) and adding Subsections (f), (g), and (h) to |
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read as follows: |
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(e) A state agency's review of a rule must include an |
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assessment of: |
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(1) whether the reasons for initially adopting the |
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rule continue to exist; and |
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(2) any cost imposed on regulated persons that |
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subjects the rule to Section 2001.0045. |
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(f) A state agency shall publish on the agency's Internet |
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website each assessment the agency conducts under Subsection (e)(2) |
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and include a link on the website to the data, working papers, and |
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other materials the agency used to complete the assessment. |
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(g) If a state agency fails to complete a rule review in |
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accordance with this section by the date required under Subsection |
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(b), the rule expires on the day following the date required under |
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that subsection and is considered void and unenforceable. |
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(h) Any person potentially injured by the continued |
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enforcement of a rule that has expired under Subsection (g) may file |
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a civil action to obtain a declaratory judgment against and |
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injunctive relief from the rule's continued enforcement. The |
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action may be filed in a district court in the person's county of |
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residence or in Travis County. A plaintiff who substantially |
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prevails in the action is entitled to recover reasonable costs and |
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attorney's fees from the state agency that adopted the rule. |
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SECTION 2. This Act takes effect September 1, 2023. |