85th Recap: State Regulation

H.B. 1290 - Relating to the required repeal of a state agency rule before adoption of a new state agency rule

Some lawmakers raised concerns at the rate at which state agencies are proposing and adopting new rules and regulations. H.B. 1290 addresses these concerns by prohibiting a state agency from adopting a proposed rule unless the agency repeals at least one agency rule on or before the proposed rule's effective date, with certain exceptions.

The will become effect September 1, 2017.

H.B. 3433 - Relating to the adoption by state agencies of rules affecting rural communities

In existing law, there are requirements to consider the adverse economic impact state agency rules might have on small businesses. H.B. 3433 adds to this law any adverse economic impact on a “rural community.” “Rural community” is defined in the bill as a city with a population of less than 25,000

This change will require an analysis by every state agency when proposing a rule change to evaluate the impact on rural communities.

This will become effective September 1, 2017.

S.B. 2065 - Relating to the licensing and regulation of certain occupations and activities

Casually looking at this large 72-page bill, a person not involved in any of the industries the bill primarily focuses on might think nothing in this bill impacts their industry. And while the bulk of this bill deals with Vehicle Protection Products, Temporary Common Worker Employers; For-Profit Legal Service Contract Companies; Barbering and Cosmetology, and Vehicle Booting, starting on page 19 the bill was amended during the process to add in a new reporting requirement of the Comptroller.

Section 3 of S.B. 2065 requires the Comptroller’s office to prepare a report every even-numbered year (during the interim) on, “all occupational licenses, including permits, certifications and registrations, required by [the] state.” The report must describe the license, which state agency regulates it, the number of licenses, the cost to get a license and renew a license, the amount of state revenue generated by the license, and a list of licenses recently abolished in the previous session.

The report must be then posted on the Comptroller’s website.

The governor signed this bill on June 15, and the provisions in the bill relating to Section 3 go into effect on September 1, 2017.

This is one of TMHA's 85th Legislative Session Recap posts. The series includes these additional posts: