Bill Text: TX HB3575 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the provision of notice of proposed rules by state agencies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-10 - Referred to Business & Commerce [HB3575 Detail]
Download: Texas-2019-HB3575-Introduced.html
86R3236 CJC-D | ||
By: Klick | H.B. No. 3575 |
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relating to the provision of notice of proposed rules by state | ||
agencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2001.024(a), Government Code, is amended | ||
to read as follows: | ||
(a) The notice of a proposed rule must include: | ||
(1) a brief explanation of the proposed rule; | ||
(2) the text of the proposed rule, except any portion | ||
omitted under Section 2002.014, prepared in a manner to indicate | ||
any words to be added or deleted from the current text; | ||
(3) a statement of the statutory or other authority | ||
under which the rule is proposed to be adopted, including: | ||
(A) a concise explanation of the particular | ||
statutory or other provisions under which the rule is proposed; | ||
(B) the section or article of the code affected; | ||
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(C) the bill number for the legislation that | ||
enacted the statutory or other authority under which the rule is | ||
proposed to be adopted; and | ||
(D) a certification that the proposed rule has | ||
been reviewed by legal counsel and found to be within the state | ||
agency's authority to adopt; | ||
(4) a fiscal note showing the name and title of the | ||
officer or employee responsible for preparing or approving the note | ||
and stating for each year of the first five years that the rule will | ||
be in effect: | ||
(A) the additional estimated cost to the state | ||
and to local governments expected as a result of enforcing or | ||
administering the rule; | ||
(B) the estimated reductions in costs to the | ||
state and to local governments as a result of enforcing or | ||
administering the rule; | ||
(C) the estimated loss or increase in revenue to | ||
the state or to local governments as a result of enforcing or | ||
administering the rule; and | ||
(D) if applicable, that enforcing or | ||
administering the rule does not have foreseeable implications | ||
relating to cost or revenues of the state or local governments; | ||
(5) a note about public benefits and costs showing the | ||
name and title of the officer or employee responsible for preparing | ||
or approving the note and stating for each year of the first five | ||
years that the rule will be in effect: | ||
(A) the public benefits expected as a result of | ||
adoption of the proposed rule; and | ||
(B) the probable economic cost to persons | ||
required to comply with the rule; | ||
(6) the local employment impact statement prepared | ||
under Section 2001.022, if required; | ||
(7) a request for comments on the proposed rule from | ||
any interested person; and | ||
(8) any other statement required by law. | ||
SECTION 2. Subchapter B, Chapter 2001, Government Code, is | ||
amended by adding Section 2001.0261 to read as follows: | ||
Sec. 2001.0261. NOTICE TO CERTAIN PERSONS. (a) A state | ||
agency shall provide, not later than the third day after the day on | ||
which the agency files notice with the secretary of state as | ||
required under Section 2001.023, notice of a proposed rule to each | ||
primary author and sponsor of the legislation that enacted the | ||
statutory or other authority under which the proposed rule is to be | ||
adopted, as well as to any standing committee of the legislature | ||
that considered the legislation before its enactment. | ||
(b) The state agency shall provide the notice required under | ||
Subsection (a) electronically if the recipient of the notice has | ||
provided an electronic mail address to the agency for the purpose of | ||
receiving the notice. | ||
(c) Failure to provide the notice required under Subsection | ||
(a) does not invalidate a rule adopted by a state agency or an | ||
action taken by the agency under that rule. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a proposed state agency rule for which notice is filed with the | ||
secretary of state under Section 2001.023, Government Code, on or | ||
after the effective date of this Act. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |