Texas 2019 - 86th Regular

Texas House Bill HB4585

Caption

Relating to legislative review of certain state agency rules.

Impact

The enactment of HB4585 would offer a greater check on the regulatory powers of state agencies, ensuring that legislative bodies have a say in significant regulatory changes. By enforcing a deadline for legislative committees to consider proposed rules, the bill aims to streamline the review process. This increased scrutiny could lead to more accountability for state agencies and potentially curb any rule-making overreach that might unfairly penalize individuals or businesses. On the other hand, it may slow down the implementation of necessary regulations that could be critical for public safety or policy goals.

Summary

House Bill 4585 introduces significant changes to the process by which state agencies propose rules that can impose civil or criminal penalties. The bill mandates that any state agency rule, which could result in penalties for violations, must be filed with the legislature simultaneously when notice is given to the secretary of state. Proposed rules are then referred to a standing committee for review. This legislative review process is designed to increase oversight and provide an avenue for lawmakers to suspend rules they deem inappropriate or unnecessary for public welfare. The committee must act on any requests to review such proposed rules within a stipulated timeframe, establishing a structured review mechanism.

Contention

Notable points of contention surrounding HB4585 involve concerns about the balance between regulation and oversight. Supporters argue that it is essential for lawmakers to have oversight over new regulations that could impose penalties, promoting democratic accountability. Critics, however, warn that such a review process might create bureaucratic delays that hinder the timely implementation of important regulations, especially those addressing urgent public safety issues. Additionally, there could be concerns that frequent legislative reviews could lead to inconsistent enforcement of rules, ultimately affecting the predictability and effectiveness of regulatory frameworks.

Companion Bills

TX HJR149

Enabling for Proposing a constitutional amendment authorizing the legislature to provide for legislative review or approval of state agency rules.

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