The commission must decide whether a reviewed agency action matches Section 74.005(3); if not, or if it cannot decide, it must send its findings to the Texas Regulatory Efficiency Office, which makes the final determination.
Sec. 74.011. DETERMINATION. (a) After a public comment period under Section 74.010 has closed, the commission shall render the commission's determination as to whether or not the existing or proposed regulation, rule, policy, or other participating agency action reviewed under this chapter is consistent with the objectives identified in Section 74.005(3). (b) If the commission determines that the existing or proposed regulation, rule, policy, or other participating agency action reviewed under this chapter is consistent with the objectives identified in Section 74.005(3), no further action will be taken. If the commission determines that the existing or proposed regulation, rule, policy, or other participating agency action reviewed under this chapter is inconsistent with the objectives identified in Section 74.005(3), or if the commission cannot reach a determination, the commission shall submit the commission's findings to the Texas Regulatory Efficiency Office. (c) If the commission submits the commission's findings to the Texas Regulatory Efficiency Office, the Texas Regulatory Efficiency Office shall conduct a review of the commission's findings and render a final determination as to whether the existing or proposed regulation, rule, policy, or other participating agency action reviewed under this chapter is consistent with the objectives identified in Section 74.005(3). (d) If the Texas Regulatory Efficiency Office determines that the existing or proposed regulation, rule, policy, or other participating agency action reviewed under this chapter: (1) is consistent with the objectives identified in Section 74.005(3), no further action will be taken; or (2) is inconsistent with the objectives identified in Section 74.005(3), the participating agency whose existing or proposed regulation, rule, policy, or other agency action was the subject of the review shall: (A) cease any enforcement activity related to the regulation, rule, policy, or other agency action as soon as practicable; (B) withdraw the regulation, rule, policy, or other agency action as soon as practicable; and (C) if the participating agency considers appropriate, replace the regulation, rule, policy, or other agency action with a less restrictive regulation, rule, policy, or other agency action. (e) The commission and the Texas Regulatory Efficiency Office may provide suggestions to a participating agency on less restrictive regulations, rules, policies, or other agency actions the agency may adopt to replace a regulation, rule, policy, or other agency action that the commission considers inconsistent with the objectives identified in Section 74.005(3). (f) This section may not be construed to: (1) authorize the commission or the Texas Regulatory Efficiency Office to require a participating agency to adopt a less restrictive regulation, rule, policy, or other agency action suggested by the commission under Subsection (e); or (2) prohibit a participating agency from withdrawing or replacing an existing regulation, rule, policy, or other participating agency action under law or agency procedure. Added by Acts 2025, 89th Leg., R.S., Ch. 1114 (H.B. 4903), Sec. 1, eff. June 20, 2025.