Bill Summary – FastDemocracy

   
      88(R) HB 139 - Enrolled version - Bill Text
      
            H.B.  No.  139
         
               AN ACT
            
            relating to the provision of notice of certain proposed rules by 
         
            state agencies.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Effective September 1, 2023, Section 2001.023, 
         
            Government Code, is amended by adding Subsection (e) to read as 
         
            follows:
         
                          (e)    Failure to publish a summary of a proposed rule in the 
         
            manner required by Subsection (c) does not invalidate a rule 
         
            adopted by a state agency or an action taken by the agency under 
         
            that rule.
         
                          SECTION  2.    Section 2001.024, Government Code, is amended by 
         
            amending Subsection (a) and adding Subsection (d) 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)    if applicable, the bill number for the 
         
            legislation that enacted the statutory authority under which the 
         
            rule is proposed to be adopted if the legislation was enacted during 
         
            the four-year period preceding the date notice of the proposed rule 
         
            is given; 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.
         
                          (d)    Failure to include in the notice of a proposed rule the 
         
            bill number for the legislation that enacted the statutory 
         
            authority under which the rule is proposed to be adopted as required 
         
            by Subsection (a)(3)(C) does not invalidate a rule adopted by a 
         
            state agency or an action taken by the agency under that rule.
         
                          SECTION &
Statutes affected: 
Introduced: Government Code 2001.024 (Government Code 2001)
House Committee Report: Government Code 2001.023, Government Code 2001.024 (Government Code 2001)
Engrossed: Government Code 2001.023, Government Code 2001.024 (Government Code 2001)
Senate Committee Report: Government Code 2001.023, Government Code 2001.024 (Government Code 2001)
Enrolled: Government Code 2001.023, Government Code 2001.024 (Government Code 2001)




	AN ACT
	relating to the provision of notice of certain proposed rules by
	state agencies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Effective September 1, 2023, Section 2001.023,
	Government Code, is amended by adding Subsection (e) to read as
	follows:
	(e) Failure to publish a summary of a proposed rule in the
	manner required by Subsection (c) does not invalidate a rule
	adopted by a state agency or an action taken by the agency under
	that rule.
	SECTION 2. Section 2001.024, Government Code, is amended by
	amending Subsection (a) and adding Subsection (d) 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) if applicable, the bill number for the
	legislation that enacted the statutory authority under which the
	rule is proposed to be adopted if the legislation was enacted during
	the four-year period preceding the date notice of the proposed rule
	is given; 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.
	(d) Failure to include in the notice of a proposed rule the
	bill number for the legislation that enacted the statutory
	authority under which the rule is proposed to be adopted as required
	by Subsection (a)(3)(C) does not invalidate a rule adopted by a
	state agency or an action taken by the agency under that rule.
	SECTION & Statutes affected: Introduced: Government Code 2001.024 (Government Code 2001) House Committee Report: Government Code 2001.023, Government Code 2001.024 (Government Code 2001) Engrossed: Government Code 2001.023, Government Code 2001.024 (Government Code 2001) Senate Committee Report: Government Code 2001.023, Government Code 2001.024 (Government Code 2001) Enrolled: Government Code 2001.023, Government Code 2001.024 (Government Code 2001)