Texas House Bill HB5083

Texas 2025 - 89th Regular

• Filed: 3/13/25
• Out of House Committee: 5/12/25

Caption

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

Impact

The passage of HB 5083 is likely to streamline the regulatory process while enhancing scrutiny of state agency actions. By requiring detailed cost-benefit analyses for rule adoption, the bill is expected to reduce unnecessary economic burdens on businesses and individuals. These regulations are intended to prevent the implementation of rules that provide more costs than benefits to the public. Furthermore, an expiration date for each rule has been introduced, requiring agencies to periodically review and potentially readopt rules to ensure their continued relevance and necessity. This aligns state rule-making with principles of efficiency and responsiveness to public needs.

Summary

House Bill 5083 addresses the adoption and review of rules by state agencies within Texas. The bill establishes clear requirements for the process by which state agencies can adopt rules and guidance documents. Specifically, it mandates that state agencies must have express statutory authority to adopt any proposed rule, ensuring that their rule-making aligns with the intent of existing legislation. Additionally, the bill introduces a framework for conducting cost-benefit analyses, which must detail the expected public benefits and the economic costs associated with compliance for each proposed rule. This fiscal transparency aims to improve the accountability and effectiveness of regulatory processes.

Sentiment

The sentiment surrounding HB 5083 appears largely positive among proponents who view it as a step towards increasing governmental efficiency and accountability. Supporters argue that by necessitating both express authority for rule adoption and robust cost assessments, the bill fosters a more transparent regulatory environment. However, there are concerns among critics, particularly regarding the potential for this bill to slow down the rule-making process, making it cumbersome for agencies to respond swiftly to emerging needs or challenges. The conversation has highlighted a balance between necessary oversight and the agility required by government agencies.

Contention

Points of contention primarily revolve around whether the additional scrutiny and prerequisites for rule adoption will hamper agency effectiveness. Some lawmakers and stakeholders fear the burden of extensive cost-benefit analyses could delay important regulations, making it challenging for agencies to function effectively in fast-paced environments. Moreover, there are discussions about whether this could lead to less flexibility in agency responses to pressing public health or safety issues. The need for periodic reviews and the assignment of expiration dates to rules may also spark debates over the practicality of compliance and the adequacy of current regulatory structures.

Texas Constitutional Statutes Affected

Government Code

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

• Chapter 1. General Provisions
  • Section: New Section

Education Code

• Chapter 28. Courses Of Study; Advancement
  • Section: New Section