Texas Senate Bill SB595

Texas 2025 - 89th Regular

• Filed: 12/13/24

Caption

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

Impact

With the proposed changes, state agencies must directly address notices to specific recipients, ensuring that the information is received by the designated individuals rather than sent as part of a mass email. This alteration could significantly improve public participation in the rulemaking process, allowing for more targeted engagement from stakeholders. However, the legislation also underscores that failure to provide such notice would not invalidate any rules adopted by the agency, potentially creating a loophole for accountability.

Summary

Senate Bill 595 seeks to enhance communication between state agencies and stakeholders by mandating that the notice of rulemaking proceedings be sent electronically to individuals designated by the agencies. The bill emphasizes the importance of transparency and assesses how notices are conveyed to ensure that those affected by potential rules are adequately informed. This act specifically targets communication processes, urging agencies to adopt measures that facilitate better understanding and awareness of new regulations.

Contention

One potential point of contention may arise from the interpretations of what constitutes an 'adequate' electronic notice and how it impacts existing practices within state agencies. Critics could argue that while the bill improves communication, it does not sufficiently address the substantive aspects of public engagement in rulemaking. Furthermore, the stipulation that non-compliance with notification requirements does not affect the validity of rules could lead to concerns regarding the prioritization of compliance over genuine engagement efforts.

Texas Constitutional Statutes Affected

Government Code

• Chapter 2001. Administrative Procedure
  • Section: 0261