Relating to the adoption of rules by state agencies.
Impact
The implementation of HB 2851 is expected to have significant implications on administrative rule-making in Texas. By limiting agencies to adopt only those rules that have a clear statutory basis, the bill aims to protect against potential overreach by state entities. Stakeholders argue that it will enhance accountability and transparency in government proceedings, as rules will be more scrutinized against the backdrop of existing laws. This could lead to a reduction in arbitrary or overly broad regulations that can confuse or adversely impact citizens and businesses.
Summary
House Bill 2851 focuses on the framework through which state agencies adopt rules in Texas. The bill seeks to ensure that any rules created by state agencies are strictly aligned with the purposes set forth by both constitutional and statutory law. By introducing this amendment to Chapter 2001 of the Government Code, the bill reinforces the idea that state agencies should operate within the limits of their established authority, potentially leading to a more coherent regulatory environment. This legal clarity may benefit both the agencies and the public they serve by reducing ambiguity in the rule-making process.
Contention
While proponents of HB 2851 assert that this bill strengthens the integrity and legality of state agency rule-making, opponents might view this as an unnecessary restriction on agencies' ability to respond to evolving circumstances. There may be concerns that this could hinder timely responses to pressing issues that agencies might be uniquely positioned to address. As a result, discussions surrounding the bill could revolve around finding the right balance between regulatory oversight and the need for flexibility in governance.
Relating to a requirement that certain rules proposed by state agencies in the executive branch of state government be approved by certain elected state officials.