88R3225 CJC-D     By: Perry S.B. No. 506       A BILL TO BE ENTITLED   AN ACT   relating to a limitation on the authority of state agencies to adopt   rules that require persons to pay certain fees or taxes.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 2001, Government Code, is   amended by adding Section 2001.008 to read as follows:          Sec. 2001.008.  LIMITATION ON ADOPTION OF RULES REQUIRING   PAYMENT OF CERTAIN FEES OR TAXES. (a)  Unless the authority has   been explicitly granted to a state agency by the legislature, a   state agency may not adopt a rule that requires a person to pay a fee   or a tax if:                (1)  the rule authorizes the imposition of a fee or a   tax on an item, service, privilege, or transaction that, at the time   the agency proposes to adopt the rule, is not subject to the fee or   tax; and                (2)  the agency has not previously interpreted the   statutory or other authority under which the rule is proposed to be   adopted to authorize the agency to impose the fee or tax on the   applicable item, service, privilege, or transaction.          (b)  For purposes of this section, a provision of law that   contains a statement of legislative intent, findings, purpose, or   policy, or a statement describing an agency's general powers and   duties, is not an explicit grant of authority by the legislature.          SECTION 2.  The change in law made by this Act applies only   to a proposed state agency rule for which notice is filed with the   secretary of state under Section 2001.023, Government Code, on or   after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2023.