SB943 - Relating to the establishment and duties of the Texas Regulatory Efficiency Office and the Texas Regulatory Efficiency Advisory Panel.

  89R9168 CS-F     By: Hughes S.B. No. 943       A BILL TO BE ENTITLED   AN ACT   relating to the establishment and duties of the Texas Regulatory   Efficiency Office and the Texas Regulatory Efficiency Advisory   Panel.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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.           Sec.   465.0002.     APPLICATION OF SUNSET ACT TO OFFICE AND   PANEL. (a)   The Texas Regulatory Efficiency Office and the Texas   Regulatory Efficiency Advisory Panel are subject to Chapter 325   (Texas Sunset Act).           (b)     Unless continued in existence as provided by Chapter 325   (Texas Sunset Act), the office and panel are abolished September 1,   2037.   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 manner in 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)     establish a goal for each state agency 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;                             (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 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;   and                 (4)     preparing a note regarding public benefits and   costs under Section 2001.024.           (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)     meet the goal established by the agency under   Section 465.0052(a)(4); and                 (2)     document that the agency met the goal described by   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 shall establish 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 PANEL. The Texas   Regulatory Efficiency Advisory Panel is established as an advisory   panel to the governor and the legislature.           Sec.   465.0102.     ADMINISTRATIVE ATTACHMENT AND SUPPORT. (a)   The panel is administratively attached to the office of the   governor.           (b)     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. (a)   The panel is   composed of the following seven members appointed by the governor:                 (1)     one member who represents regulated small   businesses;                 (2)     one member who represents regulated large   businesses;                 (3)     one member who holds an occupational license   issued by a state agency;                 (4)     one member employed by an institution of higher   education who conducts research at the institution and has   experience addressing issues related to state agency rules;                 (5)     one member who represents state agencies that   adopt rules; and                 (6)  two members of the public.           (b)     In making appointments under Subsection (a), the   governor shall 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.     TERMS; VACANCY. (a) Members of the panel   serve two-year terms.           (b)     A vacancy on the panel shall be filled in the same manner   and is subject to the same qualifications as the original   appointment.   A panel member appointed to fill a vacancy on the   panel shall serve the remainder of the unexpired term.           Sec.   465.0105.     REIMBURSEMENT FOR EXPENSES.   Members of the   panel serve without compensation but are entitled to reimbursement   for actual and necessary expenses incurred in performing official   duties under this chapter.           Sec.   465.0106.     PRESIDING OFFICER.   The governor shall   appoint one member of the panel to serve as the panel's presiding   officer.           Sec.   465.0107.     MEETINGS.   The panel shall meet at the call   of the panel's presiding officer.           Sec.   465.0108.     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 manner in which contested cases are   conducted; and                 (2)     assist the office and state agencies in   [Text truncated for display. Full text available on LegiScan.]