Texas House Bill HB2712

Texas 2023 - 88th Regular

• Filed: 2/23/23

Caption

Relating to the effect of the amendment of certain documents incorporated by reference into the laws or policy of this state on related state agency rules.

Impact

Should HB2712 be enacted, it would significantly influence how state agency rules are governed in response to changes in referenced documents. The ability for agencies to adjust their rules in alignment with amendments may foster more responsive regulatory environments. However, there are concerns that this might lead to an increase in regulatory scope without sufficient oversight, essentially allowing agencies to impose stricter regulations or expand their authority based on evolving documents.

Summary

House Bill 2712 aims to clarify the effects of amendments to documents referenced in Texas laws or policies on related rules established by state agencies. Specifically, the bill empowers state agencies to readopt, amend, or repeal rules if an incorporated document is modified, provided that such changes expand the agency's regulatory authority over a matter of significant state policy or impose a larger economic burden on those required to adhere to the rules. This measure will take effect on September 1, 2023.

Sentiment

The general sentiment surrounding HB2712 reflects a mix of support and skepticism. Proponents argue that the bill would enhance the flexibility and efficiency of regulatory frameworks, allowing agencies to adapt quickly to legislative changes. On the contrary, critics fear that it could create opportunities for state agencies to overreach, potentially leading to increased burdens on businesses and individuals without legislative backing.

Contention

Notable points of contention in discussions around HB2712 include the balance of power between legislative and regulatory authorities. Opponents express concern that the bill might undermine the legislature's role in setting policy by allowing agencies, which may not be directly accountable to the public, to expand their legislative interpretation and impose rules with broader implications on the economy and public welfare. The debate centers on ensuring effective governance while preventing regulatory overreach.

Texas Constitutional Statutes Affected

Government Code

• Chapter 2001. Administrative Procedure
  • Section: New Section