Bill Text: TX HB462 | 2017-2018 | 85th Legislature | Enrolled

Texas House Bill 462 (Prior Session Legislation)

Bill Title: Relating to the provision of notice of proposed rules by state agencies.

Sponsorship: Bipartisan Bill

Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB462 Detail]

Download: Texas-2017-HB462-Enrolled.html



	H.B. No. 462




	AN ACT
	relating to the provision of notice of proposed rules by state
	agencies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 2001.024(a), Government Code, is amended
	to read as follows:
	(a) The notice of a proposed rule must include:
	(1) a brief explanation of the proposed rule;
	(2) the text of the proposed rule, except any portion
	omitted under Section 2002.014, prepared in a manner to indicate
	any words to be added or deleted from the current text;
	(3) a statement of the statutory or other authority
	under which the rule is proposed to be adopted, including:
	(A) a concise explanation of the particular
	statutory or other provisions under which the rule is proposed;
	(B) the section or article of the code affected;
	[~~and~~]
	(C) the bill number for the legislation that
	enacted the statutory or other authority under which the rule is
	proposed to be adopted; and
	(D) a certification that the proposed rule has
	been reviewed by legal counsel and found to be within the state
	agency's authority to adopt;
	(4) a fiscal note showing the name and title of the
	officer or employee responsible for preparing or approving the note
	and stating for each year of the first five years that the rule will
	be in effect:
	(A) the additional estimated cost to the state
	and to local governments expected as a result of enforcing or
	administering the rule;
	(B) the estimated reductions in costs to the
	state and to local governments as a result of enforcing or
	administering the rule;
	(C) the estimated loss or increase in revenue to
	the state or to local governments as a result of enforcing or
	administering the rule; and
	(D) if applicable, that enforcing or
	administering the rule does not have foreseeable implications
	relating to cost or revenues of the state or local governments;
	(5) a note about public benefits and costs showing the
	name and title of the officer or employee responsible for preparing
	or approving the note and stating for each year of the first five
	years that the rule will be in effect:
	(A) the public benefits expected as a result of
	adoption of the proposed rule; and
	(B) the probable economic cost to persons
	required to comply with the rule;
	(6) the local employment impact statement prepared
	under Section 2001.022, if required;
	(7) a request for comments on the proposed rule from
	any interested person; and
	(8) any other statement required by law.
	SECTION 2. Subchapter B, Chapter 2001, Government Code, is
	amended by adding Section 2001.0261 to read as follows:
	Sec. 2001.0261. NOTICE TO CERTAIN PERSONS. (a) A state
	agency shall provide, on the same day the agency files notice with
	the secretary of state as required under Section 2001.023, notice
	of a proposed rule to each primary author, any joint author, each
	sponsor, and any joint sponsor of the legislation that enacted the
	statutory or other authority under which the proposed rule is to be
	adopted.
	(b) The state agency shall provide the notice required under
	Subsection (a) electronically if the recipient of the notice has
	provided an electronic mail address to the agency for the purpose of
	receiving the notice.
	(c) Failure to provide the notice required under Subsection
	(a) does not invalidate a rule adopted by a state agency or an
	action taken by the agency under that rule.
	SECTION 3. The change in law made by this Act applies only
	to a proposed state agency rule for which notice is filed with the
	secretary of state under Section 2001.023, Government Code, on or
	after the effective date of this Act.
	SECTION 4. This Act takes effect September 1, 2017.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 462 was passed by the House on May 4,
	2017, by the following vote: Yeas 143, Nays 0, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 462 was passed by the Senate on May
	24, 2017, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor