| 1 | 1 | | 86R10901 YDB-F |
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| 2 | 2 | | By: Hughes S.B. No. 2371 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to judicial deference regarding an interpretation of law |
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| 8 | 8 | | by a state agency. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 311, Government Code, is |
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| 11 | 11 | | amended by adding Section 311.0231 to read as follows: |
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| 12 | 12 | | Sec. 311.0231. PROHIBITED DEFERENCE TO AGENCY |
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| 13 | 13 | | CONSTRUCTION. Notwithstanding Section 311.023(6) or any other law, |
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| 14 | 14 | | a court may not give deference to any construction of a statute by |
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| 15 | 15 | | the state agency responsible for the statute's administration or |
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| 16 | 16 | | implementation. |
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| 17 | 17 | | SECTION 2. Subchapter B, Chapter 2001, Government Code, is |
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| 18 | 18 | | amended by adding Section 2001.042 to read as follows: |
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| 19 | 19 | | Sec. 2001.042. JUDICIAL REVIEW OF AGENCY RULEMAKING. |
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| 20 | 20 | | Notwithstanding any other law, in a judicial proceeding in this |
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| 21 | 21 | | state, including an action subject to Section 2001.038, a court may |
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| 22 | 22 | | not give deference to a legal determination made by a state agency |
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| 23 | 23 | | regarding the construction, validity, or applicability of a rule |
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| 24 | 24 | | adopted by the state agency responsible for the rule's |
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| 25 | 25 | | administration or implementation. |
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| 26 | 26 | | SECTION 3. Subchapter G, Chapter 2001, Government Code, is |
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| 27 | 27 | | amended by adding Section 2001.1721 to read as follows: |
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| 28 | 28 | | Sec. 2001.1721. JUDICIAL REVIEW OF QUESTION OF LAW. (a) In |
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| 29 | 29 | | any matter brought under this subchapter, the reviewing court shall |
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| 30 | 30 | | decide all questions of law by trial de novo, including the |
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| 31 | 31 | | interpretation of constitutional provisions, statutory provisions, |
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| 32 | 32 | | or rules adopted by a state agency, without giving deference to any |
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| 33 | 33 | | legal determination by a state agency. |
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| 34 | 34 | | (b) Notwithstanding any other law, this section applies in |
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| 35 | 35 | | an action for judicial review of a contested case that is authorized |
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| 36 | 36 | | by law and other court actions authorized by law that involve a |
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| 37 | 37 | | state agency's construction of a constitutional provision or |
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| 38 | 38 | | statutory provision or a rule adopted by a state agency. |
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| 39 | 39 | | (c) A law may not exempt an action from the application of |
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| 40 | 40 | | this section except by specific reference to this section. |
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| 41 | 41 | | SECTION 4. The changes in law made by this Act apply to a |
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| 42 | 42 | | petition for judicial review, action for declaratory judgment, or |
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| 43 | 43 | | other judicial proceeding filed on or after the effective date of |
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| 44 | 44 | | this Act. A petition for judicial review, action for declaratory |
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| 45 | 45 | | judgment, or other judicial proceeding filed before the effective |
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| 46 | 46 | | date of this Act is governed by the law in effect on the date the |
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| 47 | 47 | | petition for judicial review, action for declaratory judgment, or |
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| 48 | 48 | | other judicial proceeding was filed, and the former law is |
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| 49 | 49 | | continued in effect for that purpose. |
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| 50 | 50 | | SECTION 5. This Act takes effect September 1, 2019. |
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