Bill Text: TX HB3433 | 2017-2018 | 85th Legislature | Enrolled

Texas House Bill 3433 (Prior Session Legislation)

Bill Title: Relating to the adoption by state agencies of rules affecting rural communities.

Sponsorship: Partisan Bill (Republican 14)

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3433 Detail]

Download: Texas-2017-HB3433-Enrolled.html



	H.B. No. 3433




	AN ACT
	relating to the adoption by state agencies of rules affecting rural
	communities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. The heading to Chapter 2006, Government Code, is
	amended to read as follows:
	CHAPTER 2006. AGENCY ACTIONS AFFECTING SMALL BUSINESSES AND RURAL
	COMMUNITIES
	SECTION 2. Section 2006.001, Government Code, is amended by
	adding Subdivision (1-a) to read as follows:
	(1-a) "Rural community" means a municipality with a
	population of less than 25,000.
	SECTION 3. Sections 2006.002(a), (b), (c), (c-1), (d), and
	(g), Government Code, are amended to read as follows:
	(a) A state agency considering adoption of a rule that would
	have an adverse economic effect on small businesses, [or]
	micro-businesses, or rural communities shall reduce that effect if
	doing so is legal and feasible considering the purpose of the
	statute under which the rule is to be adopted.
	(b) To reduce an adverse effect on small businesses and
	rural communities, as applicable, an agency may:
	(1) establish separate compliance or reporting
	requirements for small businesses and rural communities;
	(2) use performance standards in place of design
	standards for small businesses and rural communities; or
	(3) exempt small businesses and rural communities from
	all or part of the rule.
	(c) Before adopting a rule that may have an adverse economic
	effect on small businesses or rural communities, as applicable, a
	state agency shall prepare:
	(1) an economic impact statement that estimates the
	number of small businesses or rural communities subject to the
	proposed rule, projects the economic impact of the rule on small
	businesses or rural communities, and describes alternative methods
	of achieving the purpose of the proposed rule; and
	(2) a regulatory flexibility analysis that includes
	the agency's consideration of alternative methods of achieving the
	purpose of the proposed rule.
	(c-1) The analysis under Subsection (c) shall consider, if
	consistent with the health, safety, and environmental and economic
	welfare of the state, using regulatory methods that will accomplish
	the objectives of applicable rules while minimizing adverse impacts
	on small businesses or rural communities, as applicable. The state
	agency must include in the analysis several proposed methods of
	reducing the adverse impact of a proposed rule on a small business
	or rural community.
	(d) The agency shall include the economic impact statement
	and regulatory flexibility analysis as part of the notice of the
	proposed rule that the agency files with the secretary of state for
	publication in the Texas Register and shall provide copies to:
	(1) the standing committee of each house of the
	legislature that is charged with reviewing the proposed rule; and
	(2) if feasible, each member of the legislature who
	represents a rural community adversely impacted by the proposed
	rule.
	(g) The attorney general, in consultation with the
	comptroller, shall prepare guidelines to assist a state agency:
	(1) in determining a proposed rule's potential adverse
	economic effects on small businesses and rural communities, as
	applicable; and
	(2) in identifying and evaluating alternative methods
	of achieving the purpose of a proposed rule.
	SECTION 4. Subchapter A, Chapter 2006, Government Code, as
	amended by this Act, applies only to a rule proposed by a state
	agency on or after the effective date of this Act. A rule proposed
	before that date is governed by the law in effect on the date the
	rule was proposed, and the former law is continued in effect for
	that purpose.
	SECTION 5. This Act takes effect September 1, 2017.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 3433 was passed by the House on May 9,
	2017, by the following vote: Yeas 142, Nays 3, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 3433 was passed by the Senate on May
	19, 2017, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor