Bill Text: TX SB1537 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the fiscal note associated with certain proposed state agency rules.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-22 - Referred to Finance [SB1537 Detail]
Download: Texas-2011-SB1537-Introduced.html
82R13656 YDB-F | ||
By: Watson | S.B. No. 1537 |
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relating to the fiscal note associated with certain proposed state | ||
agency rules. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2001.024, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) A fiscal note provided under Subsection (a)(4) must | ||
assign an estimated dollar amount for any cost to a state or local | ||
government in enforcing or administering a proposed rule. A state | ||
agency may not determine that the cost to a state or local | ||
government of enforcing or administering a proposed rule is | ||
insignificant because the state or local government can pass on the | ||
cost to a customer or other third party associated with the proposed | ||
rule. | ||
SECTION 2. Section 2001.0225(c), Government Code, is | ||
amended to read as follows: | ||
(c) When giving notice of a major environmental rule subject | ||
to this section, a state agency shall incorporate into the fiscal | ||
note required by Section 2001.024 a draft impact analysis | ||
describing the anticipated effects of the proposed rule. The draft | ||
impact analysis, at a minimum, must: | ||
(1) identify the benefits that the agency anticipates | ||
from adoption and implementation of the rule, including reduced | ||
risks to human health, safety, or the environment; | ||
(2) identify the costs, in an estimated dollar amount, | ||
that the agency anticipates state agencies, local governments, the | ||
public, and the regulated community will experience after | ||
implementation of the rule; | ||
(3) describe the benefits and costs anticipated from | ||
implementation of the rule in as quantitative a manner as feasible, | ||
but including a qualitative description when a quantitative | ||
description is not feasible or adequately descriptive; | ||
(4) describe reasonable alternative methods for | ||
achieving the purpose of the rule that were considered by the agency | ||
and provide the reasons for rejecting those alternatives in favor | ||
of the proposed rule; | ||
(5) identify the data and methodology used in | ||
performing the analysis required by this section; | ||
(6) provide an explanation of whether the proposed | ||
rule specifies a single method of compliance, and, if so, explain | ||
why the agency determines that a specified method of compliance is | ||
preferable to adopting a flexible regulatory approach, such as a | ||
performance-oriented, voluntary, or market-based approach; | ||
(7) state that there is an opportunity for public | ||
comment on the draft impact analysis under Section 2001.029 and | ||
that all comments will be addressed in the publication of the final | ||
regulatory analysis; and | ||
(8) provide information in such a manner that a | ||
reasonable person reading the analysis would be able to identify | ||
the impacts of the proposed rule. | ||
SECTION 3. 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, 2011. |