Texas House Bill HB784

Texas 2017 - 85th Regular

Caption

Relating to attorney general approval of a state agency action for a declaratory judgment against another state agency.

Impact

The implementation of HB 784 is expected to significantly impact how state agencies interact with one another when it comes to interpreting or contesting the application of regulations. By requiring Attorney General approval for these actions, the bill aims to prevent frivolous lawsuits and promotes a more strategic and considered approach to legal challenges. As a result, this could lead to increased efficiency in handling disputes between agencies, but critics may argue it could also stifle legitimate challenges against potentially overreaching regulations.

Summary

House Bill 784 introduces a requirement for state agencies to obtain written approval from the Attorney General before filing a declaratory judgment action against another state agency regarding the validity or applicability of a rule. This legislative measure aims to streamline the process by which state agencies can challenge each other and ensure that such actions have the backing of the Attorney General, signaling a move towards more regulated inter-agency interactions.

Contention

Key points of contention surrounding HB 784 may revolve around concerns over the potential for abuse of power or delays in the enforcement of regulations. Some legislators and advocacy groups might contend that this requirement could inhibit a state agency's ability to quickly address and challenge rules that they find problematic. Moreover, there could be apprehension that the Attorney General's approval process may lead to political influences on legal actions, as agencies may be hesitant to pursue disputes that may not align with the current administration's agenda.