Texas House Bill HB1850

Texas 2011 - 82nd Regular

Caption

Relating to requiring legislative approval of administrative rules.

Impact

The enactment of HB 1850 would significantly alter the rule-making process for Texas state agencies, making it more cumbersome and possibly delaying regulatory actions. It adds a legislative step that could lead to more thorough review of rules but could also be perceived as hindering effective governance. The requirement for committees to approve rules may limit the ability of agencies to respond quickly to issues requiring regulation. This could especially impact agencies that rely on swift regulatory response to changing conditions in their sectors.

Summary

House Bill 1850 proposes amendments to the Government Code of Texas that requires legislative approval for proposed rules from state agencies. Specifically, it mandates that a proposed rule cannot be adopted until it receives a majority vote from the standing committee of each house that reviews it. This would create an additional layer of scrutiny for rules proposed by state agencies, which some lawmakers argue is necessary to ensure accountability and transparency in government operations. The bill also stipulates that the state agency must include a reasoned justification when finalizing a rule and clearly outline the statutory provisions under which the rule is adopted.

Sentiment

Sentiment towards HB 1850 seems to be divided among lawmakers. Supporters of the bill tend to see it as a means of increasing legislative oversight and preventing agencies from overstepping their bounds. They argue that increased legislative control is necessary for protecting citizens from potential overreach by state agencies. Conversely, opponents view the bill as unnecessary and potentially obstructive, arguing that it could prevent state agencies from effectively performing their duties.

Contention

Notable points of contention surrounding the bill include the balance between agency autonomy and legislative control. Critics argue that imposing legislative approval could hamper the ability of agencies to develop timely and appropriate regulations, especially in rapidly evolving industries. Furthermore, some lawmakers warn that such a bill could lead to politicization of the regulatory process, forcing agencies to align their operations with the prevailing political climate rather than focusing on expert-driven decisions. The discussion of HB 1850 underscores a broader debate on how much authority should reside with appointed officials compared to elected legislators.