85R7612 YDB-D     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 (c), 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)  This section does not apply to the adoption of a rule:                (1)  specifically required by the legislature; or                (2)  necessary to protect the health and safety of the   residents of this state as authorized under the Health and Safety   Code.          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 September 1, 2017.