86R10901 YDB-F
By: Middleton H.B. No. 2854
A BILL TO BE ENTITLED
AN ACT
relating to judicial deference regarding an interpretation of law
by a state agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 311, Government Code, is
amended by adding Section 311.0231 to read as follows:
Sec. 311.0231. PROHIBITED DEFERENCE TO AGENCY
CONSTRUCTION. Notwithstanding Section 311.023(6) or any other law,
a court may not give deference to any construction of a statute by
the state agency responsible for the statute's administration or
implementation.
SECTION 2. Subchapter B, Chapter 2001, Government Code, is
amended by adding Section 2001.042 to read as follows:
Sec. 2001.042. JUDICIAL REVIEW OF AGENCY RULEMAKING.
Notwithstanding any other law, in a judicial proceeding in this
state, including an action subject to Section 2001.038, a court may
not give deference to a legal determination made by a state agency
regarding the construction, validity, or applicability of a rule
adopted by the state agency responsible for the rule's
administration or implementation.
SECTION 3. Subchapter G, Chapter 2001, Government Code, is
amended by adding Section 2001.1721 to read as follows:
Sec. 2001.1721. JUDICIAL REVIEW OF QUESTION OF LAW. (a) In
any matter brought under this subchapter, the reviewing court shall
decide all questions of law by trial de novo, including the
interpretation of constitutional provisions, statutory provisions,
or rules adopted by a state agency, without giving deference to any
legal determination by a state agency.
(b) Notwithstanding any other law, this section applies in
an action for judicial review of a contested case that is authorized
by law and other court actions authorized by law that involve a
state agency's construction of a constitutional provision or
statutory provision or a rule adopted by a state agency.
(c) A law may not exempt an action from the application of
this section except by specific reference to this section.
SECTION 4. The changes in law made by this Act apply to a
petition for judicial review, action for declaratory judgment, or
other judicial proceeding filed on or after the effective date of
this Act. A petition for judicial review, action for declaratory
judgment, or other judicial proceeding filed before the effective
date of this Act is governed by the law in effect on the date the
petition for judicial review, action for declaratory judgment, or
other judicial proceeding was filed, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2019.