Harrison Bill Grows Government To Shrink Agency Rules

The text as introduced · 1,349 words

By: Harrison
H.B. No. 944

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Legislative Economic Analysis

Unit and the expiration of certain state agency rules.

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

SECTION 1. Subtitle C, Title 3, Government Code, is amended

by adding Chapter 330 to read as follows:

CHAPTER 330. LEGISLATIVE ECONOMIC ANALYSIS UNIT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 330.001. DEFINITIONS. In this chapter:

(1) "Board" means the Legislative Economic Analysis

Unit Board established under this chapter.

(2) "Major rule" means a state agency rule determined

by the Legislative Economic Analysis Unit to be a rule that will or

is likely to result in:

(A) an annual effect on the state's economy of

$10 million or more;

(B) significant adverse effects on competition,

employment, investment, productivity, or innovation, including

significant adverse effects on individual industries or regions; or

(C) significant changes in social and cultural

relations among residents of this state, including significant

impacts on religious, ethnic, racial, or gender populations.

(3) "State agency rule" means a state agency statement

of general applicability and future effect designed to implement,

interpret, or prescribe law or policy or to describe the

organization, procedure, or practice requirements of the agency.

(4) "Unit" means the Legislative Economic Analysis

Unit established under this chapter.

SUBCHAPTER B. LEGISLATIVE ECONOMIC ANALYSIS UNIT BOARD

Sec. 330.051. MEMBERSHIP. (a) The Legislative Economic

Analysis Unit Board consists of:

(1) the lieutenant governor;

(2) the speaker of the house of representatives;

(3) six senators appointed by the lieutenant governor;

and

(4) six members of the house of representatives

appointed by the speaker of the house of representatives.

(b) The lieutenant governor and the speaker of the house of

representatives are joint chairs of the board.

Sec. 330.052. TERMS; VACANCY. (a) Except for the

lieutenant governor and the speaker of the house of

representatives, each member of the board serves a term that begins

on the date the member is appointed to the board and ends with the

convening of the first regular legislative session that occurs

after the date of appointment.

(b) If a vacancy occurs in the appointed membership of the

board, the appropriate appointing authority shall appoint a person

to serve for the remainder of the unexpired term.

Sec. 330.053. MEETINGS. (a) The board shall meet as often

as necessary to perform its duties. Meetings may be held at any time

at the request of either of the joint chairs of the board.

(b) A majority of the members of the board from each house of

the legislature constitutes a quorum. If a quorum is present, the

board may act on any matter that is within its jurisdiction by a

majority vote.

(c) The board shall keep complete minutes of each meeting.

(d) Each member of the legislature is entitled to attend and

present the member's views in any meeting of the board, except that

a legislator who is not a member of the board may not vote.

Sec. 330.054. EXPENSES OF MEMBERS. Members of the board are

entitled to reimbursement for necessary expenses incurred in

performing functions as members of the board.

Sec. 330.055. LEGISLATIVE CONSIDERATION OF MAJOR RULES.

The board shall adopt procedures to ensure the timely consideration

by the legislature of a bill that validates a state agency rule

determined to be a major rule before the expiration of that rule

under Section 330.151.

SUBCHAPTER C. LEGISLATIVE ECONOMIC ANALYSIS UNIT

Sec. 330.101. ESTABLISHMENT. The Legislative Economic

Analysis Unit is established as an independent agency of the

legislature.

Sec. 330.102. CHIEF ECONOMIST. (a) The lieutenant governor

and speaker of the house of representatives shall jointly appoint a

chief economist as the director of the unit.

(b) The chief economist serves at the pleasure of the

lieutenant governor and speaker of the house of representatives.

(c) The board shall set the salary of the chief economist.

Sec. 330.103. PERSONNEL. The chief economist may employ

professional and clerical staff as necessary and appropriate to

perform the duties of the unit, subject to limitations imposed by

the board.

Sec. 330.104. APPROPRIATION. The legislature shall make an

appropriation to the unit in an amount sufficient to fund the

operations of the unit.

Sec. 330.105. DUTIES. The unit shall:

(1) analyze each state agency rule submitted under

Section 330.151 to determine whether the rule is a major rule;

(2) make a written determination of any state agency

rule the unit determines is a major rule, and post that

determination on the unit's Internet website;

(3) notify a state agency if the unit determines that a

state agency rule adopted by the agency is a major rule;

(4) request that the Texas Legislative Council draft a

bill to validate the major rule;

(5) create a written regulatory impact analysis of

each state agency rule the unit determines is a major rule;

(6) on request of the lieutenant governor or speaker

of the house of representatives, create a written grant impact

analysis of each grant or other financial benefit that the state has

received or is eligible to receive from the federal government or

another source; and

(7) perform other duties as prescribed by the board.

Sec. 330.106. IMPACT ANALYSES. (a) The chief economist

shall ensure that each regulatory impact analysis created by the

unit under Section 330.105(5) includes the following for the major

rule that is the subject of the analysis:

(1) a statement indicating whether the rule is

necessary;

(2) a statement of the legal basis for the rule;

(3) an examination of alternative rules;

(4) a detailed evaluation of the costs and benefits of

adopting the rule;

(5) a statement of the sources consulted in creating

the analysis;

(6) any key assumption made in creating the analysis;

and

(7) any continued source of uncertainty regarding the

analysis.

(b) The chief economist shall ensure that each grant impact

analysis created by the unit under Section 330.105(6) includes the

following for the grant or financial benefit that is the subject of

the analysis:

(1) a statement of the legal basis for accepting or

using the grant or benefit;

(2) a detailed evaluation of the costs and benefits of

accepting or using the grant or benefit;

(3) a statement of the sources consulted in creating

the analysis;

(4) any key assumption made in creating the analysis;

and

(5) any continued source of uncertainty regarding the

analysis.

(c) The chief economist shall ensure that each impact

analysis created by the unit is posted on the unit's Internet

website.

Sec. 330.107. INTERNET WEBSITE. The unit shall maintain an

Internet website.

SUBCHAPTER D. SUNSET OF MAJOR RULES

Sec. 330.151. SUNSET OF MAJOR RULE. (a) Each state agency

shall submit each rule adopted by the agency to the unit.

(b) Except as provided by Subsection (c), each state agency

rule determined by the unit to be a major rule expires on July 1 of

the odd-numbered year following the unit's determination that the

rule is a major rule.

(c) A major rule does not expire if the legislature by

general law validates the rule before the date the rule is set to

expire.

(d) A state agency may not adopt a state agency rule that is

the same or substantially the same as a major rule that has expired.

SECTION 2. (a) Not later than the 30th day after the

effective date of this Act, the lieutenant governor and the speaker

of the house of representatives shall appoint the initial members

of the Legislative Economic Analysis Unit Board established under

Chapter 330, Government Code, as added by this Act.

(b) Not later than the 90th day after the effective date of

this Act, the lieutenant governor and the speaker of the house of

representatives shall appoint the chief economist of the

Legislative Economic Analysis Unit as required by Section 330.102,

Government Code, as added by this Act.

SECTION 3. Section 330.151, Government Code, as added by

this Act, applies only to a state agency rule that is adopted on or

after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2025.