bill making agency rules voidable over rule-cost offsets

The text as introduced · 367 words

89R2455 SCP-F

By: Hall
S.B. No. 138

A BILL TO BE ENTITLED

AN ACT

relating to the adoption and voidability of certain rules proposed

by a state agency.

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

SECTION 1. Section 2001.0045(c), Government Code, is

amended to read as follows:

(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, Texas Department of Motor Vehicles, Parks and

Wildlife Department, Public Utility Commission of Texas, Texas

Commission on Environmental Quality, or Texas Racing Commission;

(7) [ (8) ] is adopted by a self-directed

semi-independent agency; or

(8) [ (9) ] is necessary to implement legislation,

unless the legislature specifically states this section applies to

the rule.

SECTION 2. Sections 2001.035(a) and (b), Government Code,

are amended to read as follows:

(a) A rule is voidable unless a state agency adopts it in

substantial compliance with Section 2001.0045 and Sections

2001.0225 through 2001.034.

(b) A person must initiate a proceeding to contest a rule on

the ground of noncompliance with the procedural requirements of

Section 2001.0045 or Sections 2001.0225 through 2001.034 not later

than the second anniversary of the effective date of the rule.

SECTION 3. The changes in law made by this Act apply 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. This Act takes effect September 1, 2025.