HB944 - Relating to the establishment of the Legislative Economic Analysis Unit and the expiration of certain state agency rules.

      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.