A state agency generally may not adopt a proposed rule that would impose costs on regulated persons unless it first offsets that cost by repealing or amending another rule, subject to listed exceptions.
Sec. 2001.0045. REQUIREMENT FOR RULE INCREASING COSTS TO REGULATED PERSONS. (a) In this section, "state agency" means a department, board, commission, committee, council, agency, office, or other entity in the executive, legislative, or judicial branch of state government. This term does not include an agency under the authority of an elected officer of this state. (b) A state agency rule proposal that contains more than one rule in a single rulemaking action is considered one rule for purposes of this section. Except as provided by Subsection (c), a state agency may not adopt a proposed rule for which the fiscal note for the notice required by Section 2001.024 states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless on or before the effective date of the proposed rule the state agency: (1) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (2) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the proposed rule. (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; (8) is adopted by a self-directed semi-independent agency; or (9) is necessary to implement legislation, unless the legislature specifically states this section applies to the rule. (d) Each state agency that adopts a rule subject to this section shall comply with the requirements imposed by Subchapter B and Chapter 2002 for publication in the Texas Register. Added by Acts 2017, 85th Leg., R.S., Ch. 819 (H.B. 1290), Sec. 1, eff. September 1, 2017. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1087 (H.B. 1896), Sec. 1, eff. September 1, 2019.