Bill Text: TX HB462 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the provision of notice of proposed rules by state agencies.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB462 Detail]
Download: Texas-2017-HB462-Enrolled.html
H.B. No. 462 |
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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, 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 462 was passed by the House on May 4, | ||
2017, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 462 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |