| (a) The following words and terms, when used in this
section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Regulation--A rule.
(2) Rule--
(A) a state agency statement of general applicability
that:
(i) implements, interprets, or prescribes law or policy;
or
(ii) describes the procedure or practice requirements
of a state agency;
(B) includes the amendment or repeal of a prior rule;
and
(C) does not include a statement regarding only the
internal management or organization of a state agency and not affecting
private rights or procedures.
(3) State agency--A state officer, board, commission,
or department with statewide jurisdiction that makes rules or determines
contested cases. The term includes the State Office of Administrative
Hearings for the purpose of determining contested cases, and, to the
extent provided by Labor Code, Title 5 (Workers' Compensation), the
Texas Department of Insurance, as regards proceedings and activities
under Labor Code, Title 5, of the department, the commissioner of
insurance, or the commissioner of workers' compensation. The term
does not include:
(A) a state agency wholly financed by federal money;
(B) the legislature;
(C) the courts; or
(D) an institution of higher education.
(b) A state agency shall prepare a government growth
impact statement for each rule that is proposed for adoption in a
formal rulemaking proceeding under Government Code, Chapter 2001,
Subchapter B (Rulemaking).
(c) A state agency shall incorporate the government
growth impact statement into the notice required by Government Code,
§2001.024 (Content of Notice).
(d) A state agency shall reasonably describe in the
government growth impact statement whether, during the first five
years that the proposed rule would be in effect:
(1) the proposed rule creates or eliminates a government
program;
(2) implementation of the proposed rule requires the
creation of new employee positions or the elimination of existing
employee positions;
(3) implementation of the proposed rule requires an
increase or decrease in future legislative appropriations to the agency;
(4) the proposed rule requires an increase or decrease
in fees paid to the agency;
(5) the proposed rule creates a new regulation;
(6) the proposed rule expands, limits, or repeals an
existing regulation;
(7) the proposed rule increases or decreases the number
of individuals subject to the rule's applicability; and
(8) the proposed rule positively or adversely affects
this state's economy.
(e) The state agency must write the government growth
impact statement in plain language.
(f) In preparing the government growth impact statement,
a state agency shall utilize information that is readily available
to the state agency.
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