HBA-KDB H.B. 3411 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3411
By: McClendon
State Affairs
4/11/2001
Introduced



BACKGROUND AND PURPOSE 

State agency rules implement state laws in detail and govern many aspects
of the lives of Texas residents. However, there is concern that the
majority of adult Texans cannot comprehend state agency rules.  The
complexity of such rules may be because the rules are typically written by
attorneys who write for their peers.  In addition, rules are often adopted
under severe time pressures to meet state or federal requirements, which
may not allow for clear and simple writing.  Once the rules are adopted,
there is no guarantee that a state agency will rewrite the rules in a
clearer fashion.  This problem could be solved if state agency rules were
written in plain language that an average Texan with at least a high school
education could understand.  House Bill 3411 provides a set of tools,
techniques, and strategies for each state agency to use in making its rules
clear, accessible, understandable, and usable to all residents of this
state who have at least a high school education. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to all state agencies in SECTION 3 of this
bill. 

ANALYSIS

House Bill 3411 requires each state agency to plan and execute a permanent
program to study and recodify the rules of the agency to make the rules
clear, accessible, understandable, and usable to all citizens of this state
who have at least a high school education.  The bill requires each state
agency to propose, in the Texas Register (register), recodification of at
least eight percent of its rules, calculated by the number of words, by
December 1,  2002, and to propose to recodify at least eight percent of its
rules by December 1 of each year thereafter.  The recodification is
rulemaking and is required to be proposed and adopted in accordance with
the Administrative Procedure Act.  The comment period for a recodification
is required to be a minimum of 120 days after publication in the register.
The bill authorizes a state agency to extend the comment period with notice
in the register.  The bill provides that a recodification must be adopted
and filed with the register within 270 days after publication of the
proposal in the register.  The bill requires each state agency to file a
schedule for recodification of all its rules with the secretary of state by
November 1, 2001.  Such a schedule is required to include the state
agency's assessment of the reading level of its rules on a chapter by
chapter basis. 

To implement this Act, the bill establishes provisions regarding plain
language liaisons, the establishment of the plain language advisory
committee, a formula for establishing readability scores, drafting
standards and procedures for agencies, and agency self-assessment of the
reading level of its rules.  The bill encourages user testing of state
agency documents with average citizens.  The bill provides that the
recodification of the rules should have a readability score of 50 or
greater according to the readability formula and calculation procedures
unless the state agency specifies in the preamble of the recodification the
efforts the agency has made to recodify the rules in plain language, the
plain language techniques that have been used in the recodification, and
the reasons why a readability level of 50 could not be achieved.   

H.B. 3411 amends the Government Code to require the Sunset Advisory
Commission and its staff in  determining whether a public need exists for
the continuation of a state agency to consider the extent to which the
state agency's rules and publications are written in plain language and
readable on a 12th grade reading level, the state agency has recodified its
rules for readability and usability purposes, and the state agency has
engaged in user testing of its rules and publications. 

The bill requires the Texas Education Agency to assist the plain language
advisory committee in correlating various grade reading levels with the
readability formula to assist agencies in assessing the readability of the
agencies' rules and other documents.  This Act expires on September 1,
2013.  The bill sets forth provisions regarding standard readability
language in the preamble of all state agency rule proposals after September
1, 2001, and the readability of other state agency publications. 

EFFECTIVE DATE

September 1, 2001.