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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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By: Roberts, et al. (Senate Sponsor - Kolkhorst) H.B. No. 1290
(In the Senate - Received from the House May 8, 2017;
May 18, 2017, read first time and referred to Committee on Business &
Commerce; May 19, 2017, rereferred to Committee on
Administration; May 22, 2017, reported favorably by the following
vote: Yeas 5, Nays 2; May 22, 2017, sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
AN ACT
relating to the required repeal of a state agency rule 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 NEW RULE. (a) In this
section, "state agency" has the meaning assigned by Section
2001.006.
(b) Except as provided by Subsection (h), a state agency may
not adopt a proposed rule unless on or before the effective date of
the proposed rule the state agency repeals at least one state agency
rule.
(c) Before a proposed rule subject to this section is first
published or adopted, a state agency must prepare for the proposed
rule a proposed rule reduction statement.
(d) The proposed rule reduction statement must:
(1) describe the rule proposed to be added and the rule
proposed to be repealed;
(2) reasonably describe, with respect to the first
five years the proposed rule would be in effect, whether:
(A) the proposed rule creates or eliminates a
governmental program;
(B) implementation of the proposed rule requires
the creation of additional employee positions or the elimination of
existing employee positions;
(C) implementation of the proposed rule requires
an increase or decrease in future legislative appropriations to the
state agency;
(D) the proposed rule requires an increase or
decrease in fees paid to the state agency;
(E) the proposed rule expands, limits, or repeals
another existing rule;
(F) the proposed rule increases or decreases the
number of individuals subject to the rule's applicability; and
(G) the proposed rule positively or adversely
affects this state's economy; and
(3) to the extent applicable, reasonably describe,
with respect to the repealed rule, the information required under
Subdivision (2).
(e) The comptroller shall adopt rules necessary to
implement this section. The rules must require that the statement
required under Subsection (d) be in plain language. The
comptroller may prescribe a chart for use by a state agency in
disclosing the information required under that subsection.
(f) A state agency's failure to comply with the requirements
of Subsection (d) does not affect the legal status of a rule adopted
under this chapter.
(g) This section applies to the adoption of an emergency
rule.
(h) This section does not apply to the adoption of a rule:
(1) specifically required by the legislature;
(2) necessary to protect the health and safety of the
residents of this state as authorized under the Health and Safety
Code; or
(3) related to the essential knowledge and skills
developed under Subchapter A, Chapter 28, Education Code, or high
school graduation requirements adopted under Section 28.025,
Education Code.
SECTION 2. Not later than October 1, 2017, the comptroller
shall adopt the rules required under Section 2001.0045, Government
Code, as added by this Act.
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 November 1, 2017. A rule proposed by a state agency before
that date is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.
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