Texas 2023 - 88th Regular

Texas House Bill HB139

Filed
11/14/22  
Out of House Committee
5/5/23  
Voted on by House
5/9/23  
Out of Senate Committee
5/19/23  
Voted on by Senate
5/24/23  
Governor Action
6/13/23  

Caption

Relating to the provision of notice of certain proposed rules by state agencies.

Impact

If enacted, the bill will amend the Government Code to require notifications to legislators when their legislation is subject to rulemaking within a four-year period. Importantly, however, non-compliance with the notification requirements does not invalidate the rules adopted. This means that although the bill enhances transparency, the enforcement mechanisms regarding notifications are limited, which could lead to some legislators being unaware of rule changes that might contradict their legislative intent.

Summary

House Bill 139 focuses on improving the processes surrounding the notification of proposed rules by state agencies in Texas. The bill mandates that when a rule is proposed under statutory authority, state agencies must notify the primary author and sponsor of the legislation that enabled that authority. This provision is aimed at ensuring that legislators remain informed about actions taken by state agencies that could significantly affect the original purpose of the legislation they authored.

Sentiment

The general sentiment surrounding HB 139 appears to be positive, especially among legislators who advocate for greater oversight of state agency actions. Proponents assert that the bill will help maintain the integrity of the legislative process by keeping lawmakers informed. However, some may view the limited consequences for failing to notify as a potential shortcoming, reflecting a desire for stronger accountability measures.

Contention

While there does not appear to be significant contention mentioned in the discussions around HB 139, there is an underlying concern about whether this bill will truly enhance collaboration between state agencies and legislators. Critics argue that without strict enforcement or penalties for agencies that fail to comply with the notification requirements, the bill's effectiveness may be diluted. Furthermore, the logistical execution of such notifications, especially across multiple agencies, could pose challenges.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 2001. Administrative Procedure
    • Section: 023
    • Section: 024
    • Section: 0261
    • Section: 023
    • Section: 024
    • Section: New Section
    • Section: 023
    • Section: 024
    • Section: 0261
    • Section: 023
    • Section: 024
    • Section: New Section
    • Section: 024
    • Section: New Section

Companion Bills

TX SB655

Identical Relating to the provision of notice of certain proposed rules by state agencies.

Previously Filed As

TX SB655

Relating to the provision of notice of certain proposed rules by state agencies.

TX HB462

Relating to the provision of notice of proposed rules by state agencies.

TX HB2956

Relating to the provision of notice of proposed rules by state agencies.

TX HB3575

Relating to the provision of notice of proposed rules by state agencies.

TX HB1485

Relating to rulemaking and performance assessments of certain state agencies.

TX HB5083

Relating to the adoption and review of rules by state agencies.

TX HB1322

Relating to a summary of a rule proposed by a state agency.

TX SB1474

Relating to the procedure by which state agencies adopt rules, including legislative approval of certain rules proposed or adopted by state agencies.

TX SB595

Relating to the notice of rulemaking proceedings provided to certain persons by state agencies.

TX HB2948

Relating to the review of certain rules of state agencies.

Similar Bills

No similar bills found.