H.B. No. 1290         AN ACT   relating to the required repeal of a state agency rule and a   government growth impact statement before adoption of a new state   agency rule.          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" means a   department, board, commission, committee, council, agency, office,   or other entity in the executive, legislative, or judicial branch   of state government. This term does not include an agency under the   authority of an elected officer of this state.          (b)  A state agency rule proposal that contains more than one   rule in a single rulemaking action is considered one rule for   purposes of this section. 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 regulated persons, including another state   agency, a special district, or a local government, unless on or   before the effective date of the proposed rule the state agency:                (1)  repeals a rule that imposes a total cost on   regulated persons that is equal to or greater than the total cost   imposed on regulated persons by the proposed rule; or                (2)  amends a rule to decrease the total cost imposed on   regulated persons by an amount that is equal to or greater than the   cost imposed on the persons by 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 regulated persons by the rule; or                      (B)  decrease the persons' cost for compliance   with the rule;                (3)  is adopted in response to a natural disaster;                (4)  is necessary to receive a source of federal funds   or to comply with federal law;                (5)  is necessary to protect water resources of this   state as authorized by the Water Code;                (6)  is necessary to protect the health, safety, and   welfare of the residents of this state;                (7)  is adopted by the Department of Family and   Protective Services, Department of Motor Vehicles, Public Utility   Commission, Texas Commission on Environmental Quality, or Texas   Racing Commission;                (8)  is adopted by a self-directed semi-independent   agency; or                (9)  is necessary to implement legislation, unless the   legislature specifically states this section applies to 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.          SECTION 2.  Subchapter B, Chapter 2001, Government Code, is   amended by adding Section 2001.0221 to read as follows:          Sec. 2001.0221.  GOVERNMENT GROWTH IMPACT STATEMENTS. (a)   A state agency shall prepare a government growth impact statement   for a proposed rule.          (b)  A state agency shall reasonably describe in the   government growth impact statement whether, during the first five   years that the rule would be in effect:                (1)  the proposed rule creates or eliminates a   government program;                (2)  implementation of the proposed rule requires the   creation of new employee positions or the elimination of existing   employee positions;                (3)  implementation of the proposed rule requires an   increase or decrease in future legislative appropriations to the   agency;                (4)  the proposed rule requires an increase or decrease   in fees paid to the agency;                (5)  the proposed rule creates a new regulation;                (6)  the proposed rule expands, limits, or repeals an   existing regulation;                (7)  the proposed rule increases or decreases the   number of individuals subject to the rule's applicability; and                (8)  the proposed rule positively or adversely affects   this state's economy.          (c)  The comptroller shall adopt rules to implement this   section. The rules must require that the government growth impact   statement be in plain language. The comptroller may prescribe a   chart that a state agency may use to disclose the items required   under Subsection (b).          (d)  Each state agency shall incorporate the impact   statement into the notice required by Section 2001.024.          (e)  Failure to comply with this section does not impair the   legal effect of a rule adopted under this chapter.          SECTION 3.  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 4.  Not later than October 1, 2017, the comptroller   shall adopt rules required under Section 2001.0221(c), Government   Code, as added by this Act.          SECTION 5.  Section 2001.0221, Government Code, as added by   this Act, applies only to a proposed rule for which the notice   required under Section 2001.023(b), Government Code, is filed on or   after November 1, 2017.          SECTION 6.  This Act takes effect September 1, 2017.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1290 was passed by the House on May 6,   2017, by the following vote:  Yeas 114, Nays 28, 2 present, not   voting; that the House refused to concur in Senate amendments to   H.B. No. 1290 on May 25, 2017, and requested the appointment of a   conference committee to consider the differences between the two   houses; and that the House adopted the conference committee report   on H.B. No. 1290 on May 28, 2017, by the following vote:  Yeas 119,   Nays 22, 2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 1290 was passed by the Senate, with   amendments, on May 23, 2017, by the following vote:  Yeas 25, Nays   6; at the request of the House, the Senate appointed a conference   committee to consider the differences between the two houses; and   that the Senate adopted the conference committee report on H.B. No.   1290 on May 28, 2017, by the following vote:  Yeas 23, Nays 8.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor