Texas House Bill HB3836

Texas 2025 - 89th Regular

• Filed: 3/5/25

Caption

Relating to a requirement that certain rules proposed by state agencies in the executive branch of state government be approved by certain elected state officials.

Impact

The implications of this bill are significant for the regulatory processes of state agencies. By mandating executive approval before rule proposals can move forward, HB3836 intends to curtail agencies from implementing rules without legislative oversight. Supporters might argue that this ensures more democratic involvement in the regulatory process and fosters a closer relationship between legislation and executive actions, thereby enhancing the checks and balances in state governance.

Summary

House Bill 3836 seeks to amend the Government Code by introducing a requirement for state agencies within the executive branch to obtain approval from certain elected officials before proposing new rules. This requirement stipulates that a notice of a proposed rule must include a certification indicating that it has been reviewed and approved either by the governor or an elected state officer governing the agency. This additional layer of oversight aims to ensure that proposed regulations align with the priorities of elected officials and maintain accountability within the executive branch.

Contention

Despite its potential benefits, the bill could also face opposition from those concerned about regulatory efficiency. Critics may argue that requiring governor or elected official approval could lead to delays in rule-making processes, hindering the agencies' ability to respond promptly to emerging needs and challenges. Additionally, there might be concerns about the centralization of power, where elected officials have increased control over administrative agencies, possibly stifling necessary regulatory actions instead of providing oversight.

Texas Constitutional Statutes Affected

Government Code

• Chapter 2001. Administrative Procedure
  • Section: 024
  • Section: 034