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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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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.