Texas House Bill HB4171

Texas 2009 - 81st Regular

Caption

Relating to procedures to help ensure that certain state agency rules are consistent with the meaning and intent of applicable legislative enactments.

Impact

The implementation of HB 4171 aims to enhance accountability in the administrative rulemaking process by ensuring that regulations proposed by state agencies are consistent with the overarching legislative framework. This change could serve to prevent discrepancies between state law and agency regulations, thereby promoting a clearer understanding among stakeholders regarding their rights and obligations. Furthermore, it emphasizes the importance of informed governance, where legislative history plays a critical role in shaping state agency policies.

Summary

House Bill 4171 seeks to establish procedures ensuring that certain state agency rules align with the legislature's intended meaning and enactments. The bill amends the Government Code to require state agencies to research legislative history and prepare documentation that reflects legislative intent prior to adopting new rules. This includes consulting with the primary author and sponsor of the legislation related to the rules, facilitating greater transparency in the rule-making process and allowing legislative input into agency actions.

Contention

Notably, HB 4171 may lead to some contention, particularly regarding the expanded role of the legislature in the regulatory process. While proponents of the bill argue that enhancing legislative oversight will foster compliance with legislative intent, opponents may raise concerns about potential overreach, suggesting that it could slow down the rulemaking process or render state agencies less effective in responding to immediate issues. The requirement for agencies to solicit feedback and justify their rules before the governor adds an additional layer of scrutiny that may be seen as either a valuable check or an impediment to efficient governance.