TX SB138

Removes the exemption that previously allowed state agencies to adopt new rules without repealing existing rules if the new rule was "necessary to protect the health, safety, and welfare of the residents of this state"

Makes agency rules voidable if not adopted in substantial compliance with Section 2001.0045, which requires agencies to repeal an existing rule for each new rule adopted (the "one-in, two-out" rule requirement)

Allows legal challenges to contest rules for noncompliance with the rule-repeal requirement within two years of the rule's effective date

Maintains existing exemptions from the rule-repeal requirement for rules related to procurement, disaster response, federal compliance, water protection, and rules adopted by certain specified agencies

Applies only to rules proposed on or after September 1, 2025