2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.024. Content of Notice

Sec. 2001.024.  CONTENT OF NOTICE.  (a)  The notice of a proposed rule must include:
(1)  a brief explanation of the proposed rule;
(2)  the text of the proposed rule, except any portion omitted under Section 2002.014, prepared in a manner to indicate any words to be added or deleted from the current text;
(3)  a statement of the statutory or other authority under which the rule is proposed to be adopted, including:
(A)  a concise explanation of the particular statutory or other provisions under which the rule is proposed;
(B)  the section or article of the code affected;
(C)  if applicable, the bill number for the legislation that enacted the statutory authority under which the rule is proposed to be adopted if the legislation was enacted during the four-year period preceding the date notice of the proposed rule is given; and
(D)  a certification that the proposed rule has been reviewed by legal counsel and found to be within the state agency's authority to adopt;
(4)  a fiscal note showing the name and title of the officer or employee responsible for preparing or approving the note and stating for each year of the first five years that the rule will be in effect:
(A)  the additional estimated cost to the state and to local governments expected as a result of enforcing or administering the rule;
(B)  the estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule;
(C)  the estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering the rule; and
(D)  if applicable, that enforcing or administering the rule does not have foreseeable implications relating to cost or revenues of the state or local governments;
(5)  a note about public benefits and costs showing the name and title of the officer or employee responsible for preparing or approving the note and stating for each year of the first five years that the rule will be in effect:
(A)  the public benefits expected as a result of adoption of the proposed rule; and
(B)  the probable economic cost to persons required to comply with the rule;
(6)  the local employment impact statement prepared under Section 2001.022, if required;
(7)  a request for comments on the proposed rule from any interested person; and
(8)  any other statement required by law.
(b)  In the notice of a proposed rule that amends any part of an existing rule:
(1)  the text of the entire part of the rule being amended must be set out;
(2)  the language to be deleted must be bracketed and stricken through;  and
(3)  the language to be added must be underlined.
(c)  In the notice of a proposed rule that is new or that adds a complete section to an existing rule, the new rule or section must be set out and underlined.
(d)  Failure to include in the notice of a proposed rule the bill number for the legislation that enacted the statutory authority under which the rule is proposed to be adopted as required by Subsection (a)(3)(C) does not invalidate a rule adopted by a state agency or an action taken by the agency under that rule.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 798 (H.B. 139), Sec. 2, eff. June 13, 2023.