Bill Text: TX HB4245 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the required repeal or amendment of two state agency rules before adoption of a new state agency rule that increases costs to regulated persons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-03 - Referred to State Affairs [HB4245 Detail]
Download: Texas-2017-HB4245-Introduced.html
By: Guillen | H.B. No. 4245 |
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relating to the required repeal or amendment of two state agency | ||
rules before adoption of a new state agency rule that increases | ||
costs to regulated persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 2001, Government Code, is | ||
amended by adding Section 2001.0045 to read as follows: | ||
Sec. 2001.0045. REQUIREMENT FOR RULE INCREASING COSTS TO | ||
REGULATED PERSONS. (a) In this section, "state agency" has the | ||
meaning assigned by Section 2001.006. | ||
(b) Except as provided by Subsection (c), a state agency may | ||
not adopt a proposed rule that imposes a cost on any regulated | ||
person, including another state agency, a special district, and a | ||
local government, unless: | ||
(1) on or before the effective date of the proposed | ||
rule the state agency: | ||
(A) repeals two state agency rules that impose | ||
total costs on the person in an amount equal to or greater than the | ||
cost imposed on the person by the proposed rule; | ||
(B) amends two state agency rules to decrease the | ||
total costs imposed on the person by an amount equal to or greater | ||
than the cost imposed on the person by the proposed rule; or | ||
(C) repeals one state agency rule and amends one | ||
state agency rule to decrease the total costs imposed on the person | ||
by an amount equal to or less than the proposed rule; and | ||
(2) the comptroller certifies in writing that the | ||
proposed rule meets the requirements of Subdivision (1). | ||
(c) This section does not apply to a rule that: | ||
(1) relates to state agency procurement; or | ||
(2) is amended to: | ||
(A) reduce the burden or responsibilities | ||
imposed on a regulated person by the rule; or | ||
(B) decrease the person's cost for compliance | ||
with the rule. | ||
(d) Each state agency that adopts a rule subject to this | ||
section shall comply with the requirements imposed by Subchapter B | ||
and Chapter 2002 for publication in the Texas Register and include | ||
with the publication a copy of the certification required by | ||
Subsection (b)(2). | ||
SECTION 2. Section 2001.0045, Government Code, as added 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 3. This Act takes effect September 1, 2017. |