Bill Text: TX SB210 | 2017-2018 | 85th Legislature | Engrossed
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.
Sponsorship: Partisan Bill (Republican 3)
Status: (Engrossed - Dead) 2017-05-09 - Referred to State Affairs [SB210 Detail]
Download: Texas-2017-SB210-Engrossed.html
| By: Kolkhorst, Bettencourt | S.B. No. 210 | |
| Hall | ||
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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 for which the fiscal note for the notice | ||
| required by Section 2001.024 states that the rule imposes a cost on | ||
| any regulated person, including another state agency, a special | ||
| district, and a local government, unless on or before the effective | ||
| date of the proposed rule the state agency: | ||
| (1) 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; | ||
| (2) 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 | ||
| (3) 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. | ||
| (c) This section does not apply to a rule that: | ||
| (1) relates to state agency procurement; | ||
| (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; | ||
| (3) is adopted in response to a natural disaster; or | ||
| (4) is adopted by the Department of Family and | ||
| Protective Services. | ||
| (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. | ||
| 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 only if a specific | ||
| appropriation for the implementation of the Act is provided in a | ||
| general appropriations act of the 85th Legislature. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
