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