Tex.
Occ. Code Section 57.105
Submission of Certain State Agency Rules
(a)
A state agency that issues a license must submit any proposed rule affecting market competition in this state relating to the business, occupation, or profession for which a license is issued to the division for review before the rule is adopted or implemented.(b)
A state agency that issues a license must submit to the division for review any rule that the agency proposes to repeal or readopt with amendment after a review under Section 2001.039 (Agency Review of Existing Rules), Government Code, if the rule affects market competition as described by this section.(b-1)
A state agency that issues a license must submit to the division for review any rule that the agency proposes to readopt without amendment after a review under Section 2001.039 (Agency Review of Existing Rules), Government Code, if the rule affects market competition as described by this section. This subsection expires January 1, 2024.(c)
The state agency must include with the submission a statement of the purpose for the proposed rule, copies of all administrative records regarding the proposed rule, including any information or comments the agency received from the public, and any other information required by the division.(d)
For purposes of this section, a rule affects market competition if the rule would, if implemented or readopted:(1)
create a barrier to market participation in this state; or(2)
result in higher prices or reduced competition for a product or service provided by or to a license holder in this state.
Source:
Section 57.105 — Submission of Certain State Agency Rules, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.57.htm#57.105 (accessed Jun. 5, 2024).
