86th Texas Legislature, Regular Session, Senate Bill 1995, Chapter 668 Page: 4 of 7
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S.B. No. 1995
1 administrative records regarding the proposed rule, including any
2 information or comments the agency received from the public, and
3 any other information required by the division.
4 (d) For purposes of this section, a rule affects market
5 competition if the rule would, if implemented or readopted:
6 (1) create a barrier to market participation in this
7 state; or
8 (2) result in higher prices or reduced competition for
9 a product or service provided by or to a license holder in this
10 state.
11 Sec. 57.106. REVIEW BY DIVISION. (a) The division shall
12 conduct a thorough, independent review of each proposed rule
13 submitted under Section 57.105 to determine:
14 (1) if the effect of the proposed rule on market
15 competition is consistent with state policy as established by the
16 applicable state agency's governing statute; and
17 (2) whether the proposed rule promotes a clearly
18 articulated and affirmatively expressed policy as established by
19 the legislature to displace competition with government action.
20 (b) In conducting the review, the division may:
21 (1) request information from the state agency;
22 (2) require the state agency to conduct an analysis of
23 possible implications of the rule;
24 (3) solicit public comments; or
25 (4) hold public hearings.
26 (c) The division shall complete the review not later than
27 the 90th day after the date the proposed rule is submitted under4
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Texas. Legislature. Senate. 86th Texas Legislature, Regular Session, Senate Bill 1995, Chapter 668, legislative document, June 10, 2019; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth1200752/m1/4/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.