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proposed to be repealed; |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