Bill Text: TX HB1290 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the required repeal of a state agency rule and a government growth impact statement before adoption of a new state agency rule.

Spectrum: Partisan Bill (Republican 29-0)

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1290 Detail]

Download: Texas-2017-HB1290-Enrolled.html

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H.B. No. 1290

AN ACT
relating to the required repeal of a state agency rule and a
government growth impact statement before adoption of a new state
agency rule.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 2001, Government Code, is
amended by adding Section 2001.0045 to read as follows:
Sec. 2001.0045. REQUIREMENT FOR RULE INCREASING COSTS TO
REGULATED PERSONS. (a) In this section, "state agency" means a
department, board, commission, committee, council, agency, office,
or other entity in the executive, legislative, or judicial branch
of state government. This term does not include an agency under the
authority of an elected officer of this state.
(b) A state agency rule proposal that contains more than one
rule in a single rulemaking action is considered one rule for
purposes of this section. Except as provided by Subsection (c), a
state agency may not adopt a proposed rule for which the fiscal note
for the notice required by Section 2001.024 states that the rule
imposes a cost on regulated persons, including another state
agency, a special district, or a local government, unless on or
before the effective date of the proposed rule the state agency:
(1) repeals a rule that imposes a total cost on
regulated persons that is equal to or greater than the total cost
imposed on regulated persons by the proposed rule; or
(2) amends a rule to decrease the total cost imposed on
regulated persons by an amount that is equal to or greater than the
cost imposed on the persons by the proposed rule.
(c) This section does not apply to a rule that:
(1) relates to state agency procurement;
(2) is amended to:
(A) reduce the burden or responsibilities
imposed on regulated persons by the rule; or
(B) decrease the persons' cost for compliance
with the rule;
(3) is adopted in response to a natural disaster;
(4) is necessary to receive a source of federal funds
or to comply with federal law;
(5) is necessary to protect water resources of this
state as authorized by the Water Code;
(6) is necessary to protect the health, safety, and
welfare of the residents of this state;
(7) is adopted by the Department of Family and
Protective Services, Department of Motor Vehicles, Public Utility
Commission, Texas Commission on Environmental Quality, or Texas
Racing Commission;
(8) is adopted by a self-directed semi-independent
agency; or
(9) is necessary to implement legislation, unless the
legislature specifically states this section applies to the rule.
(d) Each state agency that adopts a rule subject to this
section shall comply with the requirements imposed by Subchapter B
and Chapter 2002 for publication in the Texas Register.
SECTION 2. Subchapter B, Chapter 2001, Government Code, is
amended by adding Section 2001.0221 to read as follows:
Sec. 2001.0221. GOVERNMENT GROWTH IMPACT STATEMENTS. (a)
A state agency shall prepare a government growth impact statement
for a proposed rule.
(b) A state agency shall reasonably describe in the
government growth impact statement whether, during the first five
years that the rule would be in effect:
(1) the proposed rule creates or eliminates a
government program;
(2) implementation of the proposed rule requires the
creation of new employee positions or the elimination of existing
employee positions;
(3) implementation of the proposed rule requires an
increase or decrease in future legislative appropriations to the
agency;
(4) the proposed rule requires an increase or decrease
in fees paid to the agency;
(5) the proposed rule creates a new regulation;
(6) the proposed rule expands, limits, or repeals an
existing regulation;
(7) the proposed rule increases or decreases the
number of individuals subject to the rule's applicability; and
(8) the proposed rule positively or adversely affects
this state's economy.
(c) The comptroller shall adopt rules to implement this
section. The rules must require that the government growth impact
statement be in plain language. The comptroller may prescribe a
chart that a state agency may use to disclose the items required
under Subsection (b).
(d) Each state agency shall incorporate the impact
statement into the notice required by Section 2001.024.
(e) Failure to comply with this section does not impair the
legal effect of a rule adopted under this chapter.
SECTION 3. Section 2001.0045, Government Code, as added by
this Act, applies only to a rule proposed by a state agency on or
after the effective date of this Act. A rule proposed before that
date is governed by the law in effect on the date the rule was
proposed, and the former law is continued in effect for that
purpose.
SECTION 4. Not later than October 1, 2017, the comptroller
shall adopt rules required under Section 2001.0221(c), Government
Code, as added by this Act.
SECTION 5. Section 2001.0221, Government Code, as added by
this Act, applies only to a proposed rule for which the notice
required under Section 2001.023(b), Government Code, is filed on or
after November 1, 2017.
SECTION 6. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1290 was passed by the House on May 6,
2017, by the following vote: Yeas 114, Nays 28, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1290 on May 25, 2017, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1290 on May 28, 2017, by the following vote: Yeas 119,
Nays 22, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1290 was passed by the Senate, with
amendments, on May 23, 2017, by the following vote: Yeas 25, Nays
6; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1290 on May 28, 2017, by the following vote: Yeas 23, Nays 8.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor