Relating to state agency review of adopted rules.
Under the proposed legislation, agencies are mandated to publish the results of their assessments, including the data and materials used, on their websites. If agencies fail to complete the required reviews by designated deadlines, the rules in question would automatically expire. This measure is designed to ensure that regulations do not persist indefinitely without justification, which could ease the compliance burden on individuals and businesses who are affected by outdated or unnecessary rules.
House Bill 3839 aims to enhance the review process of rules adopted by state agencies in Texas. It amends Section 2001.039 of the Government Code to ensure that state agencies regularly assess the necessity of rules they have established. The bill requires agencies to consider whether the original reasons for adopting a rule still exist and to evaluate any costs that the rule imposes on affected persons. This addition intends to facilitate transparency and accountability in the regulatory process, allowing for better oversight of state agency activities.
Moreover, the bill introduces provisions allowing individuals harmed by the enforcement of expired rules to pursue legal action against the respective state agency. This civil action can include a declaratory judgement and injunctive relief in District Court, either in the individual's county of residence or in Travis County. Notably, if plaintiffs succeed in their cases, they are entitled to recover reasonable costs and attorney’s fees from the state agency, adding a layer of accountability for agencies regarding rule enforcement.
HB 3839 emphasizes the need for ongoing evaluation of regulations to promote regulatory efficiency. It reflects a shift towards reduced regulatory burden and increased responsiveness from state agencies, though it may also face criticisms regarding the feasibility of timely compliance by these agencies and the potential for litigation against rules that inadvertently may have kept individuals or businesses compliant with existing standards.