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AN ACT
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relating to the provision of notice of certain proposed rules by |
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state agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Effective September 1, 2023, Section 2001.023, |
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Government Code, is amended by adding Subsection (e) to read as |
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follows: |
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(e) Failure to publish a summary of a proposed rule in the |
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manner required by Subsection (c) does not invalidate a rule |
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adopted by a state agency or an action taken by the agency under |
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that rule. |
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SECTION 2. Section 2001.024, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) The notice of a proposed rule must include: |
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(1) a brief explanation of the proposed rule; |
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(2) the text of the proposed rule, except any portion |
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omitted under Section 2002.014, prepared in a manner to indicate |
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any words to be added or deleted from the current text; |
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(3) a statement of the statutory or other authority |
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under which the rule is proposed to be adopted, including: |
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(A) a concise explanation of the particular |
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statutory or other provisions under which the rule is proposed; |
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(B) the section or article of the code affected; |
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[and] |
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(C) if applicable, the bill number for the |
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legislation that enacted the statutory authority under which the |
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rule is proposed to be adopted if the legislation was enacted during |
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the four-year period preceding the date notice of the proposed rule |
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is given; and |
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(D) a certification that the proposed rule has |
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been reviewed by legal counsel and found to be within the state |
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agency's authority to adopt; |
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(4) a fiscal note showing the name and title of the |
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officer or employee responsible for preparing or approving the note |
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and stating for each year of the first five years that the rule will |
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be in effect: |
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(A) the additional estimated cost to the state |
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and to local governments expected as a result of enforcing or |
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administering the rule; |
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(B) the estimated reductions in costs to the |
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state and to local governments as a result of enforcing or |
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administering the rule; |
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(C) the estimated loss or increase in revenue to |
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the state or to local governments as a result of enforcing or |
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administering the rule; and |
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(D) if applicable, that enforcing or |
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administering the rule does not have foreseeable implications |
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relating to cost or revenues of the state or local governments; |
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(5) a note about public benefits and costs showing the |
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name and title of the officer or employee responsible for preparing |
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or approving the note and stating for each year of the first five |
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years that the rule will be in effect: |
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(A) the public benefits expected as a result of |
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adoption of the proposed rule; and |
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(B) the probable economic cost to persons |
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required to comply with the rule; |
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(6) the local employment impact statement prepared |
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under Section 2001.022, if required; |
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(7) a request for comments on the proposed rule from |
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any interested person; and |
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(8) any other statement required by law. |
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(d) Failure to include in the notice of a proposed rule the |
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bill number for the legislation that enacted the statutory |
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authority under which the rule is proposed to be adopted as required |
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by Subsection (a)(3)(C) does not invalidate a rule adopted by a |
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state agency or an action taken by the agency under that rule. |
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SECTION 3. Subchapter B, Chapter 2001, Government Code, is |
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amended by adding Section 2001.0261 to read as follows: |
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Sec. 2001.0261. NOTICE TO CERTAIN PERSONS. (a) This |
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section applies only to a rule that is proposed to be adopted by a |
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state agency under statutory authority that: |
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(1) specifically authorizes the agency to adopt the |
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rule; and |
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(2) became law during the preceding four-year period. |
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(b) A state agency shall provide, not later than the third |
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day after the date the agency files notice with the secretary of |
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state as required under Section 2001.023, notice of a proposed rule |
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to the primary author and the primary sponsor of the legislation |
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that enacted the statutory authority under which the proposed rule |
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is to be adopted, if the primary author or primary sponsor is a |
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current member of the legislature. |
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(c) The state agency shall provide the notice required under |
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Subsection (b) electronically to the person's designated Capitol |
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e-mail address or to another e-mail address provided by the person |
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to the agency for the purpose of receiving the notice. |
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(d) Failure to provide the notice required under Subsection |
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(b) does not invalidate a rule adopted by a state agency or an |
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action taken by the agency under that rule. |
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SECTION 4. The change in law made by this Act applies only |
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to a proposed state agency rule for which notice is filed with the |
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secretary of state under Section 2001.023, Government Code, on or |
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after the effective date of this Act. |
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SECTION 5. Except as otherwise provided by this Act, this |
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Act takes effect immediately if it receives a vote of two-thirds of |
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all the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution. If this Act does not receive the |
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vote necessary for immediate effect, this Act takes effect |
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September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 139 was passed by the House on May 9, |
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2023, by the following vote: Yeas 140, Nays 2, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 139 was passed by the Senate on May |
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24, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |