87R8066 CJC-D     By: Meza H.B. No. 2513       A BILL TO BE ENTITLED   AN ACT   relating to procedures for notice and the adoption of state agency   emergency rules that restrict access to residents of long-term care   facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2001.026, Government Code, is amended to   read as follows:          Sec. 2001.026.  NOTICE TO PERSONS REQUESTING ADVANCE NOTICE   OF PROPOSED RULES. (a) A state agency shall mail notice of a   proposed rule to each person who has made a timely written request   of the agency for advance notice of its rulemaking proceedings.   Failure to mail the notice does not invalidate an action taken or   rule adopted.          (b)  A state agency shall, using the system adopted by the   agency for electronic delivery of information, deliver advance   notice of an emergency rule described by Section 2001.034(e) to the   e-mail address of each person who requests electronic notice of   those rules if the person provides a valid e-mail address with the   request.          SECTION 2.  Section 2001.034, Government Code, is amended by   adding Subsections (e) and (f) to read as follows:          (e)  Notwithstanding any other provision of this section, a   state agency with regulatory authority over long-term care   facilities may not adopt an emergency rule that restricts access to   a resident of a long-term care facility unless the agency provides   notice of the agency's intent to adopt the rule, allows 48 hours   after publication of the notice for members of the public to comment   in writing on the rule, and spends at least 24 hours reviewing the   comments received on the rule. The rule may not take effect until   after the periods for public comment and agency review required by   this subsection have expired. For purposes of this subsection,   "long-term care facility" means:                (1)  a facility licensed or regulated under Chapter   242, 247, or 252, Health and Safety Code; or                (2)  a state supported living center as defined by   Section 531.002, Health and Safety Code.          (f)  The notice required under Subsection (e) of this section   must:                (1)  notwithstanding Section 2001.024, include:                      (A)  the text of the rule;                      (B)  a detailed explanation of the effect of the   rule;                      (C)  the following words, written in all capital   letters in an easily readable font and type size: "YOU MAY SUBMIT   COMMENTS ON THIS PROPOSED RULE. COMMENTS SHOULD BE SUBMITTED   ELECTRONICALLY TO (insert a dedicated e-mail address used by the   state agency for receipt of public comments) NOT LATER THAN (insert   date and time at which period for public comments ends)."; and                      (D)  a toll-free telephone number a person may use   to receive information on the rule that includes relay services for   persons with speech or hearing disabilities; and                 (2)  notwithstanding any other provision of this   subchapter, be published by the state agency adopting the rule   using the following methods:                      (A)  by e-mail to a person who has requested   advance notice of the agency's proposed rules under Section   2001.026 and provided the agency an e-mail address under that   section;                      (B)  if practicable, by publication in the Texas   Register in the manner prescribed by Chapter 2002;                      (C)  by posting a copy of the notice on:                            (i)  the agency's Internet website; and                            (ii)  any platform for electronic   communication on which the agency regularly posts public   announcements and information; and                      (D)  by sending the notice to designated media   outlets in this state so that participating radio stations,   television stations, and other media outlets may provide notice at   reasonable intervals to inform the public of the contents of the   notice.          SECTION 3.  The changes in law made by this Act apply only to   an emergency rule that is adopted by a state agency on or after the   effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2021.