Texas House Bill HJR88

Texas 2011 - 82nd Regular

• Out of House Committee: 4/28/11
• Report Pass: 4/12/11

Caption

Proposing a constitutional amendment to provide for legislative review of the process of rulemaking by agencies in the executive department.

Impact

If passed, the amendment would significantly alter the relationship between the legislative and executive branches of the Texas government. It would enable lawmakers to actively participate in the rulemaking process, potentially influencing regulations that affect a wide array of sectors. Proponents argue that this increased legislative oversight is necessary to ensure that rules are relevant and beneficial to the public, while critics may view this as a possible overreach of legislative powers that could hinder efficient governance.

Summary

HJR88 proposes a constitutional amendment aimed at facilitating legislative review of the rulemaking process conducted by agencies within the executive branch of government. The proposed amendment, which seeks to add Section 68 to Article III of the Texas Constitution, grants the legislature the authority to set conditions under which rules enacted by these agencies can take effect. This includes provisions allowing the legislature to suspend, repeal, or designate the expiration of certain rules, thus placing greater oversight on executive agencies' rulemaking powers.

Contention

Debates surrounding HJR88 center around the balance of power between the legislature and executive agencies. Supporters claim that legislative involvement in rulemaking is essential to accountability and transparency, particularly in an era where regulations can have substantial implications for businesses and individual rights. Conversely, opponents highlight concerns that excessive legislative interference might slow down the implementation of vital rules, leading to a bureaucratic quagmire that could impede governance and public well-being.