By: Harrison, Vasut, Leach, et al. H.B. No. 1947
A BILL TO BE ENTITLED
AN ACT
relating to de novo review and interpretation of state laws and
state agency rules by reviewing court judges and administrative law
judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Chapter 21, Government Code, is
amended by adding Section 21.013 to read as follows:
Sec. 21.013. DE NOVO REVIEW OF STATE LAW PROVISION BY
REVIEWING COURT JUDGE; INTERPRETATION OF AMBIGUOUS STATE LAW
PROVISION. (a) In this section, "provision of state law" means:
(1) a state statute;
(2) a rule a state agency adopts; or
(3) an opinion letter, manual, or other guidance
document a state agency issues interpreting the meaning, scope, or
effect of a state statute or state agency rule.
(b) In interpreting a provision of state law, a reviewing
court judge shall interpret the meaning and effect of the provision
de novo, without deference to a state agency's interpretation of
the provision.
(c) In an action brought by or against a state agency
concerning an ambiguous provision of state law, after applying all
other rules and canons of interpretation, a reviewing court judge
shall resolve the ambiguity in favor of limiting state agency
authority.
SECTION 2. Subchapter B, Chapter 2003, Government Code, is
amended by adding Section 2003.026 to read as follows:
Sec. 2003.026. DE NOVO REVIEW OF STATE LAW PROVISION IN
ADMINISTRATIVE HEARING; INTERPRETATION OF AMBIGUOUS STATE LAW
PROVISION. (a) In this section, "provision of state law" means:
(1) a state statute;
(2) a rule a state agency adopts; or
(3) an opinion letter, manual, or other guidance
document a state agency issues interpreting the meaning, scope, or
effect of a state statute or state agency rule.
(b) An administrative law judge who conducts a hearing that
requires the judge to interpret a provision of state law shall
interpret the meaning and effect of the provision de novo, without
deference to a state agency's interpretation of the provision.
(c) An administrative law judge who conducts a hearing
brought by or against a state agency concerning an ambiguous
provision of state law, after applying all other rules and canons of
interpretation, shall resolve the ambiguity in favor of limiting
state agency authority.
SECTION 3. This Act takes effect September 1, 2023.