Bill Text: TX HB2513 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to procedures for notice and the adoption of state agency emergency rules that restrict access to residents of long-term care facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-17 - Referred to Human Services [HB2513 Detail]
Download: Texas-2021-HB2513-Introduced.html
87R8066 CJC-D | ||
By: Meza | H.B. No. 2513 |
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relating to procedures for notice and the adoption of state agency | ||
emergency rules that restrict access to residents of long-term care | ||
facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2001.026, Government Code, is amended to | ||
read as follows: | ||
Sec. 2001.026. NOTICE TO PERSONS REQUESTING ADVANCE NOTICE | ||
OF PROPOSED RULES. (a) A state agency shall mail notice of a | ||
proposed rule to each person who has made a timely written request | ||
of the agency for advance notice of its rulemaking proceedings. | ||
Failure to mail the notice does not invalidate an action taken or | ||
rule adopted. | ||
(b) A state agency shall, using the system adopted by the | ||
agency for electronic delivery of information, deliver advance | ||
notice of an emergency rule described by Section 2001.034(e) to the | ||
e-mail address of each person who requests electronic notice of | ||
those rules if the person provides a valid e-mail address with the | ||
request. | ||
SECTION 2. Section 2001.034, Government Code, is amended by | ||
adding Subsections (e) and (f) to read as follows: | ||
(e) Notwithstanding any other provision of this section, a | ||
state agency with regulatory authority over long-term care | ||
facilities may not adopt an emergency rule that restricts access to | ||
a resident of a long-term care facility unless the agency provides | ||
notice of the agency's intent to adopt the rule, allows 48 hours | ||
after publication of the notice for members of the public to comment | ||
in writing on the rule, and spends at least 24 hours reviewing the | ||
comments received on the rule. The rule may not take effect until | ||
after the periods for public comment and agency review required by | ||
this subsection have expired. For purposes of this subsection, | ||
"long-term care facility" means: | ||
(1) a facility licensed or regulated under Chapter | ||
242, 247, or 252, Health and Safety Code; or | ||
(2) a state supported living center as defined by | ||
Section 531.002, Health and Safety Code. | ||
(f) The notice required under Subsection (e) of this section | ||
must: | ||
(1) notwithstanding Section 2001.024, include: | ||
(A) the text of the rule; | ||
(B) a detailed explanation of the effect of the | ||
rule; | ||
(C) the following words, written in all capital | ||
letters in an easily readable font and type size: "YOU MAY SUBMIT | ||
COMMENTS ON THIS PROPOSED RULE. COMMENTS SHOULD BE SUBMITTED | ||
ELECTRONICALLY TO (insert a dedicated e-mail address used by the | ||
state agency for receipt of public comments) NOT LATER THAN (insert | ||
date and time at which period for public comments ends)."; and | ||
(D) a toll-free telephone number a person may use | ||
to receive information on the rule that includes relay services for | ||
persons with speech or hearing disabilities; and | ||
(2) notwithstanding any other provision of this | ||
subchapter, be published by the state agency adopting the rule | ||
using the following methods: | ||
(A) by e-mail to a person who has requested | ||
advance notice of the agency's proposed rules under Section | ||
2001.026 and provided the agency an e-mail address under that | ||
section; | ||
(B) if practicable, by publication in the Texas | ||
Register in the manner prescribed by Chapter 2002; | ||
(C) by posting a copy of the notice on: | ||
(i) the agency's Internet website; and | ||
(ii) any platform for electronic | ||
communication on which the agency regularly posts public | ||
announcements and information; and | ||
(D) by sending the notice to designated media | ||
outlets in this state so that participating radio stations, | ||
television stations, and other media outlets may provide notice at | ||
reasonable intervals to inform the public of the contents of the | ||
notice. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
an emergency rule that is adopted by a state agency on or after the | ||
effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2021. |