Texas 2023 - 88th Regular

Texas Senate Bill SB1320

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

Caption

Relating to state agency review of adopted rules.

Impact

The provisions of SB1320 would have a significant impact on existing state regulations by instituting a mechanism by which rules may be deemed void and unenforceable should state agencies fail to conduct the required reviews by prescribed deadlines. This aspect of the bill could lead to a reduction in the regulatory burden on businesses and individuals, as it may result in the expiration of rules that are no longer justified, thereby allowing for a streamlined regulatory environment.

Summary

Senate Bill 1320 aims to implement reforms regarding the review and enforcement of rules adopted by state agencies. The legislation proposes amendments to Section 2001.039 of the Government Code to ensure that state agencies assess the continuing necessity of rules they have adopted, as well as evaluate the associated costs imposed on regulated persons. This review process is intended to enhance transparency and accountability in administrative rule-making, enabling the public to understand the implications of existing regulations as well as the criteria for their ongoing validity.

Sentiment

The sentiment surrounding SB1320 seems generally positive among proponents who advocate for reduced government oversight and increased individual freedoms. Supporters argue that the bill fosters a more efficient regulatory framework which aligns with principles of accountability. Conversely, opponents may express concerns about the potential for vital regulations to lapse, potentially jeopardizing public welfare and safety, as agencies may lack adequate resources to complete rule reviews in a timely manner.

Contention

One of the notable points of contention regarding SB1320 is its approach to rule expiration. While supporters appreciate the intent to eliminate outdated or unnecessary regulations, critics warn that rushing the rule review process could lead to the unintentional removal of regulations that serve important public interests. Furthermore, the provision allowing individuals to seek civil action against state agencies for noncompliance raises questions about the implications for administrative resources and the legal landscape surrounding rule enforcement.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 2001. Administrative Procedure
    • Section: 039

Companion Bills

TX HB791

Identical Relating to state agency review of adopted rules.

Similar Bills

No similar bills found.