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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 10. GENERAL GOVERNMENT |
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Subtitle A. ADMINISTRATIVE PROCEDURE AND PRACTICE |
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Chapter 2006. AGENCY ACTIONS AFFECTING SMALL BUSINESSES |
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Subchapter A. ADOPTION OF RULES |
Sec. 2006.002. ADOPTION OF RULES WITH ADVERSE ECONOMIC EFFECT
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(a) A state agency considering adoption of a rule that would have an adverse economic effect on small businesses or micro-businesses shall reduce that effect if doing so is legal and feasible considering the purpose of the statute under which the rule is to be adopted.
(b) To reduce an adverse effect on small businesses, an agency may:
(1) establish separate compliance or reporting requirements for small businesses;
(2) use performance standards in place of design standards for small businesses; or
(3) exempt small businesses from all or part of the rule.
(c) Before adopting a rule that may have an adverse economic effect on small businesses, a state agency shall prepare:
(1) an economic impact statement that estimates the number of small businesses subject to the proposed rule, projects the economic impact of the rule on small businesses, and describes alternative methods of achieving the purpose of the proposed rule; and
(2) a regulatory flexibility analysis that includes the agency's consideration of alternative methods of achieving the purpose of the proposed rule.
(c-1) The analysis under Subsection (c) shall consider, if consistent with the health, safety, and environmental and economic welfare of the state, using regulatory methods that will accomplish the objectives of applicable rules while minimizing adverse impacts on small businesses. The state agency must include in the analysis several proposed methods of reducing the adverse impact of a proposed rule on a small business.
(d) The agency shall include the economic impact statement and regulatory flexibility analysis as part of the notice of the proposed rule that the agency files with the secretary of state for publication in the Texas Register and shall provide copies to the standing committee of each house of the legislature that is charged with reviewing the proposed rule.
(e) This section does not apply to a rule adopted under Title 2, Tax Code.
(f) To reduce an adverse effect of rules on micro-businesses, a state agency shall adopt provisions concerning micro-businesses that are uniform with those outlined in Subsections (b)-(d) for small businesses.
(g) The attorney general, in consultation with the comptroller, shall prepare guidelines to assist a state agency:
(1) in determining a proposed rule's potential adverse economic effects on small businesses; and
(2) in identifying and evaluating alternative methods of achieving the purpose of a proposed rule.