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A BILL TO BE ENTITLED
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AN ACT
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relating to the required repeal of a state agency rule before |
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adoption of a new state agency rule. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2001, Government Code, is |
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amended by adding Section 2001.0045 to read as follows: |
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Sec. 2001.0045. REQUIREMENT FOR NEW RULE. (a) In this |
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section, "state agency" has the meaning assigned by Section |
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2001.006. |
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(b) Except as provided by Subsection (c), a state agency may |
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not adopt a proposed rule unless on or before the effective date of |
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the proposed rule the state agency repeals at least one state agency |
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rule. |
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(c) This section does not apply to the adoption of a rule: |
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(1) specifically required by the legislature; or |
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(2) necessary to protect the health and safety of the |
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residents of this state as authorized under the Health and Safety |
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Code. |
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SECTION 2. Section 2001.0045, Government Code, as added by |
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this Act, applies only to a rule proposed by a state agency on or |
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after the effective date of this Act. A rule proposed before that |
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date is governed by the law in effect on the date the rule was |
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proposed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |