By: Roberts, Button, Parker, Kacal, et al. H.B. No. 1290       A BILL TO BE ENTITLED   AN ACT       relating to the required repeal of a state agency rule 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 NEW RULE. (a)  In this   section, "state agency" has the meaning assigned by Section   2001.006.          (b)  Except as provided by Subsection (h), a state agency may   not adopt a proposed rule unless on or before the effective date of   the proposed rule the state agency repeals at least one state agency   rule.          (c)  Before a proposed rule subject to this section is first   published or adopted, a state agency must prepare for the proposed   rule a proposed rule reduction statement.          (d)  The proposed rule reduction statement must:                (1)  describe the rule proposed to be added and the rule   proposed to be repealed;                (2)  reasonably describe, with respect to the first   five years the proposed rule would be in effect, whether:                      (A)  the proposed rule creates or eliminates a   governmental program;                      (B)  implementation of the proposed rule requires   the creation of additional employee positions or the elimination of   existing employee positions;                      (C)  implementation of the proposed rule requires   an increase or decrease in future legislative appropriations to the   state agency;                      (D)  the proposed rule requires an increase or   decrease in fees paid to the state agency;                      (E)  the proposed rule expands, limits, or repeals   another existing rule;                      (F)  the proposed rule increases or decreases the   number of individuals subject to the rule's applicability; and                      (G)  the proposed rule positively or adversely   affects this state's economy; and                (3)  to the extent applicable, reasonably describe,   with respect to the repealed rule, the information required under   Subdivision (2).          (e)  The comptroller shall adopt rules necessary to   implement this section. The rules must require that the statement   required under Subsection (d) be in plain language. The   comptroller may prescribe a chart for use by a state agency in   disclosing the information required under that subsection.          (f)  A state agency's failure to comply with the requirements   of Subsection (d) does not affect the legal status of a rule adopted   under this chapter.          (g)  This section applies to the adoption of an emergency   rule.          (h)  This section does not apply to the adoption of a rule:                (1)  specifically required by the legislature;                (2)  necessary to protect the health and safety of the   residents of this state as authorized under the Health and Safety   Code; or                (3)  related to the essential knowledge and skills   developed under Subchapter A, Chapter 28, Education Code, or high   school graduation requirements adopted under Section 28.025,   Education Code.          SECTION 2.  Not later than October 1, 2017, the comptroller   shall adopt the rules required under Section 2001.0045, Government   Code, as added by this Act.          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 November 1, 2017. A rule proposed by a state agency before   that date is governed by the law in effect immediately before the   effective date of this Act, and the former law is continued in   effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2017.