bill makes agencies check whether old rules still have reasons

The text as introduced · 272 words

89R1288 JDK-D

By: Curry
H.B. No. 3839

A BILL TO BE ENTITLED

AN ACT

relating to state agency review of adopted rules.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2001.039, Government Code, is amended by

amending Subsection (e) and adding Subsections (f), (g), and (h) to

read as follows:

(e) A state agency's review of a rule must include an

assessment of :

(1) whether the reasons for initially adopting the

rule continue to exist ; and

(2) any cost imposed on regulated persons that

subjects the rule to Section 2001.0045 .

(f) A state agency shall publish on the agency's Internet

website each assessment the agency conducts under Subsection (e)(2)

and include a link on the website to the data, working papers, and

other materials the agency used to complete the assessment.

(g) If a state agency fails to complete a rule review in

accordance with this section by the date required under Subsection

(b), the rule expires on the day following the date required under

that subsection and is considered void and unenforceable.

(h) Any person potentially injured by the continued

enforcement of a rule that has expired under Subsection (g) may file

a civil action to obtain a declaratory judgment against and

injunctive relief from the rule's continued enforcement. The

action may be filed in a district court in the person's county of

residence or in Travis County. A plaintiff who substantially

prevails in the action is entitled to recover reasonable costs and

attorney's fees from the state agency that adopted the rule.

SECTION 2. This Act takes effect September 1, 2025.