Texas 2023 - 88th 3rd C.S.

Texas House Bill HB186

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to state agency review of adopted rules.

Impact

The implementation of HB 186 would significantly impact state agency operations and regulatory compliance. By compelling agencies to review and justifying the relevance of their rules, it would foster a more efficient regulatory environment. The law would also allow individuals facing potential harm from outdated regulations to seek legal recourse through declaratory judgments in district court. This provision essentially grants citizens an avenue to challenge and potentially remove burdensome rules that may otherwise persist without scrutiny.

Summary

House Bill 186 aims to amend the Government Code regarding the review of adopted rules by state agencies. The bill mandates that state agencies assess the continued necessity of existing rules and the costs these impose on regulated individuals. If a state agency fails to conduct this review in a timely manner, the affected rule will automatically expire, which requires agencies to ensure they regularly review their regulations. This increased accountability is intended to streamline the regulatory process and eliminate outdated rules that may no longer be relevant.

Sentiment

Initial sentiment surrounding HB 186 appears mixed, as stakeholders have highlighted both the potential benefits and concerns associated with its provisions. Proponents argue that the bill would improve government efficiency and promote a more rational regulatory landscape by eliminating outdated rules. Critics, however, may express apprehension about the implications for regulatory oversight and the potential for litigation arising from rule expirations, which could lead to unintended gaps in regulation that might impact public health and safety.

Contention

Notable points of contention include the balance of power between state agencies and the public, especially regarding the ability of individuals to challenge regulations that they find burdensome. There may be concerns that allowing rules to expire on procedural grounds could disrupt important regulatory frameworks, particularly in sensitive areas such as environmental protection or public safety. Additionally, discussions may arise regarding the practical implications of such a law on the workload of state agencies and the legal system.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 2001. Administrative Procedure
    • Section: 039

Companion Bills

No companion bills found.

Previously Filed As

TX HB791

Relating to state agency review of adopted rules.

TX SB1320

Relating to state agency review of adopted rules.

TX HB139

Relating to the provision of notice of certain proposed rules by state agencies.

TX SB655

Relating to the provision of notice of certain proposed rules by state agencies.

TX HB1947

Relating to de novo review and interpretation of state laws and state agency rules by reviewing court judges and administrative law judges.

TX HR4

Adopting the House Rules of Procedure for the 88th Legislature.

TX HB4654

Relating to providing for a reduction in the total number of state agency rules.

TX SB267

Relating to law enforcement agency accreditation, including a grant program to assist agencies in becoming accredited.

TX HB1483

Relating to the adoption and voidability of certain rules proposed by a state agency.

TX SB918

Relating to the adoption and voidability of certain rules proposed by a state agency.

Similar Bills

No similar bills found.