Texas House Bill HB5083

Texas 2025 - 89th Regular

• Filed: 3/13/25

Caption

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

Impact

The proposed legislation will have a significant effect on existing practices within state agencies, particularly in terms of regulatory compliance and public engagement. By implementing stricter guidelines on rule adoption, agencies will be compelled to thoroughly assess the implications of their rules, ensuring that they serve the public interest without imposing excessive financial burdens. The bill also introduces a standardized expiration period for agency rules of 12 years unless re-adopted, which advocates argue will prevent outdated regulations from remaining in effect indefinitely. This timeframe encourages periodic review and necessary updates to ensure that rules remain relevant and effective.

Summary

House Bill 5083 aims to reform the processes through which state agencies adopt and review rules in Texas. The bill mandates that state agencies must have express statutory authority before they can adopt any new rules or issue guidance documents. This requirement is designed to enhance accountability and ensure that rules are not implemented without the proper legislative basis. Furthermore, the bill emphasizes the incorporation of cost-benefit analyses for each proposed rule, requiring agencies to evaluate the expected public benefits against the economic costs imposed on those required to comply with the rule. The analyses must include comprehensive explanations and be publicly accessible, promoting transparency in rulemaking processes.

Contention

Notable points of contention include concerns that the new requirements may slow down the rulemaking process, potentially hindering timely responses to emerging issues that require regulatory oversight. Opponents argue that lengthy analyses and approvals may lead to delays in necessary regulations, ultimately impacting public health and safety. Conversely, proponents of HB 5083 contend that the bill's focus on accountability and economic considerations will streamline the regulatory process by eliminating unnecessary and cumbersome rules. This discussion reflects broader debates about the balance between effective governance and regulatory efficiency.

Texas Constitutional Statutes Affected

Government Code

• Chapter 2001. Administrative Procedure
  • Section: 038
  • Section: New Section