By: Dale (Senate Sponsor - Zaffirini) H.B. No. 462
         (In the Senate - Received from the House May 5, 2017;
  May 5, 2017, read first time and referred to Committee on Business &
  Commerce; May 21, 2017, reported favorably by the following vote:  
  Yeas 8, Nays 0; May 21, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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;
  [and]
                     (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, on the same day the agency files notice with
  the secretary of state as required under Section 2001.023, notice
  of a proposed rule to each primary author, any joint author, each
  sponsor, and any joint sponsor of the legislation that enacted the
  statutory or other authority under which the proposed rule is to be
  adopted.
         (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 September 1, 2017.
 
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