Texas 2023 - 88th Regular

Texas House Bill HB2712

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the effect of the amendment of certain documents incorporated by reference into the laws or policy of this state on related state agency rules.

Impact

Should HB2712 be enacted, it would significantly influence how state agency rules are governed in response to changes in referenced documents. The ability for agencies to adjust their rules in alignment with amendments may foster more responsive regulatory environments. However, there are concerns that this might lead to an increase in regulatory scope without sufficient oversight, essentially allowing agencies to impose stricter regulations or expand their authority based on evolving documents.

Summary

House Bill 2712 aims to clarify the effects of amendments to documents referenced in Texas laws or policies on related rules established by state agencies. Specifically, the bill empowers state agencies to readopt, amend, or repeal rules if an incorporated document is modified, provided that such changes expand the agency's regulatory authority over a matter of significant state policy or impose a larger economic burden on those required to adhere to the rules. This measure will take effect on September 1, 2023.

Sentiment

The general sentiment surrounding HB2712 reflects a mix of support and skepticism. Proponents argue that the bill would enhance the flexibility and efficiency of regulatory frameworks, allowing agencies to adapt quickly to legislative changes. On the contrary, critics fear that it could create opportunities for state agencies to overreach, potentially leading to increased burdens on businesses and individuals without legislative backing.

Contention

Notable points of contention in discussions around HB2712 include the balance of power between legislative and regulatory authorities. Opponents express concern that the bill might undermine the legislature's role in setting policy by allowing agencies, which may not be directly accountable to the public, to expand their legislative interpretation and impose rules with broader implications on the economy and public welfare. The debate centers on ensuring effective governance while preventing regulatory overreach.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 2001. Administrative Procedure
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB2335

Relating to the effect of the amendment of certain documents incorporated by reference into the laws or policy of this state on related state agency rules.

TX HB5083

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

TX SB14

Relating to reforming the procedure by which state agencies adopt rules and impose regulatory requirements and the deference given to the interpretation of laws and rules by state agencies in certain judicial proceedings.

TX HB10

Relating to reforming the procedure by which state agencies adopt rules and impose regulatory requirements and the deference given to the interpretation of laws and rules by state agencies in certain judicial proceedings.

TX SB1008

Rulemaking authority; legislative intent; requiring inclusion of statutory reference in rules. Effective date.

TX HB1259

Relating to the establishment of the State Agency Rules Review Commission and the procedures by which state agencies adopt rules.

TX SB122

Restrict the deference given by courts to a state agency's interpretation of a state statute, administrative rule, or policy.

TX HB535

Relating to the preference given by state agencies to goods offered by bidders in this state or manufactured, produced, or grown in this state or in the United States.

TX HB1006

Relating to the preference given by state agencies to goods offered by bidders in this state or manufactured, produced, or grown in this state or in the United States.

TX HB769

Relating to the preference given by state agencies to goods offered by bidders in this state or manufactured, produced, or grown in this state or in the United States.

Similar Bills

No similar bills found.