Bill Text: TX HB1322 | 2021-2022 | 87th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a summary of a rule proposed by a state agency.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-16 - Effective on . . . . . . . . . . . . . . . September 1, 2023 [HB1322 Detail]

Download: Texas-2021-HB1322-Engrossed.html
 
 
  By: Shaheen, Ellzey, Jetton, Crockett, H.B. No. 1322
      Ordaz Perez
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a summary of a rule proposed by a state agency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2001.023, Government Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  At the time a state agency files notice of a proposed
  rule under Subsection (b), the agency shall publish on the agency's
  Internet website the brief explanation of the proposed rule
  required under Section 2001.024(a)(1).
         SECTION 2.  Section 2001.024, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The notice of a proposed rule must include:
               (1)  a brief explanation of the proposed rule written
  in plain language in both English and Spanish, for state websites
  that already provide the translation;
               (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; 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.
         (a-1)  For purposes of Subsection (a)(1), an explanation is
  written in plain language if it is concise and well organized in a
  way that the general public, including individuals with limited
  English proficiency, can readily understand.
         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, 2021.
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