Bill Text: TX HB3433 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the adoption by state agencies of rules affecting rural communities.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3433 Detail]
Download: Texas-2017-HB3433-Enrolled.html
H.B. No. 3433 |
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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, [ |
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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 |