HB3839 - Relating to state agency review of adopted rules.

  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.