SECTION 11.1. Government Growth Impact Statements

(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.

Source Note: The provisions of this §11.1 adopted to be effective October 1, 2017, 42 TexReg 5146