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) 2021-03-17 - Referred to Human Services [HB2513 Detail]

Download: Texas-2021-HB2513-Introduced.html
  87R8066 CJC-D
 
  By: Meza H.B. No. 2513
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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