Texas House Bill HB2310

Texas 2009 - 81st Regular

• Out of House Committee: 3/30/09
• Voted on by House: 4/9/09
• Out of Senate Committee: 4/24/09
• Voted on by Senate: 5/6/09
• Governor Action: 6/19/09
• Enrolled: 6/1/09
• Passed: 6/19/09

Caption

Relating to the powers and duties of the Texas Department of Licensing and Regulation, including the power to issue emergency orders and temporary and emergency licenses.

Impact

The proposed law introduces significant amendments to the Occupations Code that broaden the department's capacity to legislate on matters of licensure. With the added authority to issue emergency orders without prior notice, the bill aims to quicken the pace at which the department can respond to urgent situations, such as natural disasters or public health crises. This can potentially reduce the bureaucratic hurdles that may hinder timely action in critical scenarios, thus safeguarding the state's ability to maintain regulatory oversight during emergencies.

Summary

House Bill 2310 focuses on empowering the Texas Department of Licensing and Regulation with new responsibilities, notably in issuing emergency orders and temporary licenses. This bill seeks to address the necessity for rapid responses in regulatory situations, particularly in emergencies that could affect public safety or health. By establishing the ability to issue temporary licenses, the department can ensure that essential services remain operational during crises, thus enhancing public welfare and streamlining regulatory processes.

Contention

Notably, the bill's ability to bypass traditional notice and hearing procedures for emergency orders may raise concerns regarding due process and transparency. Critics argue that the enhanced regulatory authority could lead to potential overreach, where emergency measures might be employed excessively or inappropriately, impacting businesses and individual rights. The justification for such broad powers will likely remain a point of contention as stakeholders debate the balance between swift regulatory action and the protection of civil liberties.