Bill Text: TX HB2953 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the state agency concurrence required before certain federal regulatory action is imposed on regulated business entities in this state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-31 - Meeting cancelled [HB2953 Detail]
Download: Texas-2011-HB2953-Introduced.html
82R8895 YDB-D | ||
By: Cain | H.B. No. 2953 |
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relating to the state agency concurrence required before certain | ||
federal regulatory action is imposed on regulated business entities | ||
in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 10, Government Code, is | ||
amended by adding Chapter 2010 to read as follows: | ||
CHAPTER 2010. STATE AGENCY CONCURRENCE | ||
FOR CERTAIN FEDERAL REGULATORY ACTIONS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 2010.001. DEFINITIONS. In this chapter: | ||
(1) "Adversarial action" means any heavy-handed, | ||
over-burdensome, unilateral, arbitrary, capricious, manufactured, | ||
illegal, or other detrimental action of a federal agency against a | ||
regulated business entity that a state agency considers | ||
adversarial. | ||
(2) "Federal agency" means an agency of the United | ||
States government that has jurisdiction over a regulated business | ||
entity in this state. | ||
(3) "Regulated business entity" means a sole | ||
proprietorship, partnership, firm, corporation, holding company, | ||
joint-stock company, receivership, trust, or other entity | ||
recognized by law that holds a license, certificate of | ||
registration, permit, or other regulatory approval issued by a | ||
state agency or that is otherwise regulated by a state agency. The | ||
term does not include an individual who is regulated by a state | ||
agency. | ||
(4) "State agency" means a board, commission, | ||
department, office, or other agency in the executive branch of | ||
state government that is created by the constitution or a statute of | ||
this state. | ||
[Sections 2010.002-2010.050 reserved for expansion] | ||
SUBCHAPTER B. STATE AGENCY POWERS AND DUTIES | ||
Sec. 2010.051. PROCEDURES REQUIRED. (a) Each state agency | ||
that regulates a regulated business entity shall by rule establish | ||
procedures that a federal agency must follow before taking an | ||
adversarial action against the regulated business entity. | ||
(b) The procedures established under Subsection (a) must | ||
require the federal agency to: | ||
(1) obtain the state agency's concurrence with any | ||
proposed adversarial action before proceeding with the action | ||
against the regulated business entity; or | ||
(2) negotiate with the state agency to reach | ||
concurrence on an alternative action against the regulated business | ||
entity. | ||
[Sections 2010.052-2010.100 reserved for expansion] | ||
SUBCHAPTER C. DEFENSE AND RELIEF | ||
Sec. 2010.101. DEFENSE. A regulated business entity may | ||
assert as a defense in any administrative or judicial proceeding to | ||
enforce a statute or administrative rule of a federal agency that | ||
the federal agency failed to comply with the procedures adopted by | ||
the state agency under Section 2010.051. | ||
Sec. 2010.102. RELIEF. A regulated business entity may | ||
bring an action for declaratory judgment or injunctive or other | ||
equitable relief if a federal agency violates the procedures | ||
adopted by a state agency under Section 2010.051. | ||
Sec. 2010.103. INITIAL BURDEN OF PERSUASION. A regulated | ||
business entity that brings an action or asserts a defense under | ||
this subchapter has the initial burden of persuasion that the | ||
federal agency failed to comply with the procedures adopted by a | ||
state agency under Section 2010.051. | ||
Sec. 2010.104. CLEAR AND CONVINCING EVIDENCE. If the | ||
regulated business entity meets the burden of persuasion under | ||
Section 2010.103, the federal agency must then demonstrate by clear | ||
and convincing evidence that the federal agency complied with the | ||
procedures adopted under Section 2010.051. | ||
SECTION 2. Not later than December 1, 2011, each state | ||
agency that regulates a regulated business entity shall adopt rules | ||
to establish the procedures required by Chapter 2010, Government | ||
Code, as added by this Act. | ||
SECTION 3. Chapter 2010, Government Code, as added by this | ||
Act, applies only to an adversarial action by a federal agency on or | ||
after January 1, 2012. | ||
SECTION 4. This Act takes effect September 1, 2011. |