HB10 - Relating to reforming the procedure by which state agencies adopt rules and impose regulatory requirements and the deference given to the interpretation of laws and rules by state agencies in certain judicial proceedings.

  89R20734 CS-F     By: Capriglione, Hunter, Leach, Bhojani, H.B. No. 10       Curry, et al.     Substitute the following for H.B. No. 10:     By:  Bhojani C.S.H.B. No. 10       A BILL TO BE ENTITLED   AN ACT   relating to reforming the procedure by which state agencies adopt   rules and impose regulatory requirements and the deference given to   the interpretation of laws and rules by state agencies in certain   judicial proceedings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Regulatory Reform   and Efficiency Act.          SECTION 2.  Subtitle E, Title 4, Government Code, is amended   by adding Chapter 465 to read as follows:   CHAPTER 465. REGULATORY AND RULEMAKING EFFICIENCY   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   465.0001.     DEFINITIONS. (a) The definitions in   Chapter 2001 apply to this chapter.           (b)  In this chapter:                 (1)     "Institution of higher education" has the meaning   assigned by Section 61.003, Education Code.                 (2)     "Office" means the Texas Regulatory Efficiency   Office.                 (3)     "Panel" means the Texas Regulatory Efficiency   Advisory Panel.   SUBCHAPTER B. TEXAS REGULATORY EFFICIENCY OFFICE           Sec.   465.0051.     ESTABLISHMENT OF OFFICE. The Texas   Regulatory Efficiency Office is established as an office within the   office of the governor.           Sec.   465.0052.     PURPOSES OF OFFICE. (a) The office is   established to:                 (1)     identify and expand opportunities for   implementing efficiencies in:                       (A)     the process by which state agencies adopt   rules;                       (B)  the regulatory review process; and                       (C)     the processes by which contested cases are   conducted;                 (2)  assist state agencies in identifying:                       (A)  unnecessary and ineffective rules;                       (B)     the effect and cost to this state and   regulated persons of the agencies' rules and proposed rules; and                       (C)     opportunities to repeal or amend rules to   provide effective protection to the public with the least cost and   inconvenience to regulated persons;                 (3)     coordinate with the secretary of state, the   Department of Information Resources, and other state agencies in   the secretary of state's efforts under Section 2001.007 to:                       (A)     improve public access to information   regarding state agency rules, forms, and filings; and                       (B)     create an interactive Internet website for   use by the public to search and obtain information regarding rules,   forms, and filings applicable to specific regulated occupations,   industries, professions, and activities;                 (4)     coordinate with state agencies to reduce rules or   other regulatory requirements, including by:                       (A)     eliminating unnecessary or ineffective rules   or other regulatory requirements; and                       (B)     reducing the inefficiencies resulting from   rules or other regulatory requirements adopted by the agency by:                             (i)     reducing required training hours while   protecting the health and safety of the residents of this state;                             (ii)     reducing the number of forms a   regulated person is required to complete;                             (iii)     reducing the amount of information   required by forms that a regulated person is required to complete;                             (iv)     reducing the amount of or eliminating   fees imposed by the rules;                             (v)     reducing the number of activities   covered by the rules; or                             (vi)     creating waivers for or exemptions   from the rules under certain circumstances; and                 (5)     prepare and publish written manuals, guides, or   other publications as required by this chapter.           (b)     The office shall coordinate with the panel, state   agencies, and the governor's office, as applicable, to accomplish   the purposes of the office.           Sec.   465.0053.     REGULATORY ECONOMIC ANALYSIS MANUAL. (a)   The office shall prepare and publish a regulatory economic analysis   manual.           (b)     The manual required by Subsection (a) must identify and   describe best practices for state agencies related to:                 (1)     preparing a local employment impact statement   under Section 2001.022;                 (2)     conducting a regulatory analysis under Section   2001.0225;                 (3)  preparing a fiscal note under Section 2001.024;                 (4)     preparing a note regarding public benefits and   costs under Section 2001.024; and                 (5)     preparing an economic impact statement under   Section 2006.002.           (c)     The office shall ensure that the manual required by   Subsection (a) is written in plain language that may be easily   understood by the public.           Sec.   465.0054.     REGULATORY REDUCTION GUIDE. (a)   The office   shall prepare and publish a regulatory reduction guide.           (b)     The purpose of the guide required by Subsection (a) is   to assist each state agency to:                 (1)     reduce rules and other regulatory requirements   under Section 465.0052(a)(4); and                 (2)     document the agency's results under Subdivision   (1).           (c)     The office shall ensure that the guide required by   Subsection (a) is written in plain language that may be easily   understood by the public.           Sec.   465.0055.     RULEMAKING AND REGULATORY EFFICIENCY FORUM.   The office may establish, as needed, a forum for interested persons   described by Section 2001.021(d) to assist the office and the panel   to accomplish the purposes of the office and panel.   SUBCHAPTER C. TEXAS REGULATORY EFFICIENCY ADVISORY PANEL           Sec.   465.0101.     ESTABLISHMENT OF ADVISORY PANEL. The office   may establish, as needed, the Texas Regulatory Efficiency Advisory   Panel to serve as an advisory panel to the governor's office,   including the office established under this chapter.           Sec.   465.0102.     ADMINISTRATIVE SUPPORT. The office   established under this chapter shall provide staff, facilities, and   other administrative support necessary to assist the panel in   performing the panel's duties under this chapter.           Sec.   465.0103.     COMPOSITION OF PANEL. In designating   individuals to serve on the panel, the governor may give priority to   individuals with expertise in state agency rules and the rulemaking   process, including expertise in regulatory research, compliance,   cost, and impact analysis, and related law and procedure.           Sec.   465.0104.     REIMBURSEMENT FOR EXPENSES.   Members of the   panel serve without compensation but may, at the discretion of the   office, be reimbursed for actual and necessary expenses incurred in   performing official duties under this chapter.           Sec.   465.0105.     PRESIDING OFFICER.   The governor may   designate one member of the panel to serve as the panel's presiding   officer.           Sec.   465.0106.     MEETINGS.   The panel shall meet at the call   of the panel's presiding officer.           Sec.   465.0107.     PURPOSES OF PANEL. The panel is established   to:                 (1)     use the knowledge and expertise of regulated   persons, small and large businesses, institutions of higher   education, and state agencies to identify and expand opportunities   for implementing efficiencies in:                       (A)     the process by which state agencies adopt   rules;                       (B)  the regulatory review process; and                       (C)     the processes by which contested cases are   conducted; and                 (2)     assist the office and state agencies in   identifying:                       (A)  unnecessary and ineffective rules;                       (B)     the effect and cost to this state and   regulated persons of the agencies' rules and proposed rules; and                       (C)     opportunities to repeal or amend rules to   provide effective protection to the public with the least cost and   inconvenience to regulated persons.           Sec.   465.0108.     APPLICATION OF OTHER LAW. Chapter 2110 does   not apply to the panel.   SUBCHAPTER D. REPORTING REQUIREMENT           Sec.   465.0151.     BIENNIAL REPORT. (a) Not later than   December 1 of each even-numbered year, the office shall prepare and   submit to the governor, lieutenant governor, speaker of the house   of representatives, and Legislative Budget Board a written report   that describes:                 (1)     the activities undertaken by the office during the   two-year period preceding the date of the report to accomplish the   purposes of the office; and        &#xA [Text truncated for display. Full text available on Congress.gov.]