Relating to the adoption and voidability of certain rules proposed by a state agency.
Impact
If implemented, HB2338 would primarily affect the Government Code sections related to how state agency rules are evaluated and contested. The bill stipulates that a rule is voidable unless the agency complies with specific procedural requirements when adopting it. This could potentially streamline the process for initiating challenges to rules that may not have been adopted correctly, thus enhancing accountability among state agencies and ensuring more transparent regulatory practices.
Summary
House Bill 2338 addresses the procedures related to the adoption and voidability of certain rules proposed by state agencies in Texas. The bill specifically amends existing regulations to outline when a rule may be considered voidable and under what circumstances state agencies can adopt rules. One of the significant adjustments includes clarifying that several exceptions apply to the rules of noncompliance with procedural requirements, particularly highlighting rules that may reduce the burden on regulated entities, respond to natural disasters, or are necessary for federal compliance or funding.
Contention
While HB2338 aims to provide clarity and structure to the rule-making process of state agencies, it may also raise concerns among stakeholders about the implications for regulatory oversight. By enabling a rule to be voided based on procedural noncompliance, there may be fears regarding the effectiveness of regulations that are crucial for public health, safety, and welfare. Additionally, there could be debate over how these changes may ease or complicate compliance burdens for businesses and other entities regulated by state agencies.
Relating to a requirement that certain rules proposed by state agencies in the executive branch of state government be approved by certain elected state officials.