Texas 2025 - 89th Regular

Texas House Bill HB10

Filed
2/27/25  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to reforming the procedure by which state agencies adopt rules and impose regulatory requirements and the deference given to the interpretation of laws and rules by state agencies in certain judicial proceedings.

Summary

HB 10, titled the Regulatory Reform and Efficiency Act, creates a new Texas Regulatory Efficiency Office within the governor’s office and authorizes an advisory panel to help identify ways to streamline state rulemaking and regulatory review. The office is directed to study agency rules, reduce unnecessary or ineffective requirements, improve public access to rule information, and publish plain-language manuals and guides on best practices for economic analysis and regulatory reduction. It also may convene forums with regulated persons, businesses, higher education institutions, and agencies to gather input on reducing burdens and improving efficiency. The bill also changes the Administrative Procedure Act and related provisions governing agency rulemaking. It requires proposed rules to include more detailed notice materials, including a legal-counsel certification that the rule is within agency authority, fiscal notes, public-benefits-and-costs notes, and requests for additional cost/benefit information. It revises judicial review standards by limiting mandatory deference to agency legal interpretations and requiring courts to review questions of law de novo in covered proceedings, while still allowing courts to consider reasonable agency interpretations that do not conflict with plain statutory language. The bill applies these changes prospectively to rules proposed or proceedings initiated on or after the effective date. HB 10 would affect state agencies across the executive branch, the Secretary of State, and the Department of Information Resources, and it specifically contemplates an interactive public website for searching rules, forms, and filings by topic, regulated activity, or NAICS sector code. It also repeals certain existing rulemaking provisions and makes implementation of the new office and website contingent on legislative appropriations. In practical terms, the bill would reshape how agencies draft, justify, publish, and defend rules, while giving courts more authority to independently interpret statutes and agency rules. The overall sentiment reflected in the bill’s structure is pro-reform and pro-efficiency, with an emphasis on transparency, plain language, reduced compliance burdens, and limiting regulatory overreach. The bill’s caption and provisions suggest support from lawmakers interested in government efficiency and regulatory reform, but the available context does not include committee testimony or recorded votes showing detailed public support or opposition. The bill was ultimately laid on the table subject to call in the House, indicating that it did not advance at that stage despite being considered. The main points of contention likely concern the reduction of agency deference in court, the potential weakening of agency flexibility in interpreting and enforcing laws, and the added procedural requirements for rulemaking. Supporters would likely view these changes as improving accountability, lowering costs, and making rules easier for the public to understand, while critics may argue they could slow rule adoption, increase litigation, and limit agencies’ ability to respond to complex regulatory issues. The bill also raises practical questions about funding and implementation, since several of its new functions depend on appropriations.

Impact

HB 10 would amend the Texas Government Code, primarily Chapter 2001, and add a new Chapter 465 establishing the Texas Regulatory Efficiency Office and an advisory panel. It would require more detailed rule notices, revise procedural standards for rulemaking challenges, repeal certain existing provisions, and change judicial review by directing courts to review legal questions de novo rather than deferring to agency interpretations in covered proceedings. The bill would also require state agencies and related offices to coordinate on a searchable public rules website, subject to appropriations.

Sentiment

The bill’s overall tone is reform-oriented and efficiency-focused, emphasizing reduced regulatory burden, plain-language rulemaking, and greater transparency. Based on the bill text and available context, the measure appears to have been framed as a government-efficiency initiative rather than a partisan policy expansion. However, the absence of recorded debate or votes in the provided materials limits the ability to identify specific support or opposition beyond the bill’s general pro-reform posture.

Contention

The most notable controversy is likely the bill’s reduction of judicial deference to state agencies, which could be seen by supporters as restoring judicial independence but by opponents as undermining agency expertise and increasing litigation risk. Another likely point of contention is the added procedural burden on agencies, including expanded notice requirements, legal certifications, and economic analyses, which supporters may view as accountability measures and critics may view as slowing rulemaking. Funding is also a practical issue, because implementation of the new office and website is contingent on legislative appropriations.

Companion Bills

TX SB14

Similar Relating to reforming the procedure by which state agencies adopt rules and impose regulatory requirements and the deference given to the interpretation of laws and rules by state agencies in certain judicial proceedings.

Previously Filed As

TX SB14

Relating to reforming the procedure by which state agencies adopt rules and impose regulatory requirements and the deference given to the interpretation of laws and rules by state agencies in certain judicial proceedings.

TX HB100

Relating to the purchase, adoption, and use of instructional materials by public schools.

TX SB1474

Relating to the procedure by which state agencies adopt rules, including legislative approval of certain rules proposed or adopted by state agencies.

TX HB1259

Relating to the establishment of the State Agency Rules Review Commission and the procedures by which state agencies adopt rules.

TX SB1627

Agencies; interpretations; directives; rules

TX HB5083

Relating to the adoption and review of rules by state agencies.

TX SB595

Relating to the notice of rulemaking proceedings provided to certain persons by state agencies.

TX SB122

Restrict the deference given by courts to a state agency's interpretation of a state statute, administrative rule, or policy.

TX SB944

Relating to judicial deference regarding an interpretation of law by a state agency.

TX LD1408

An Act to Codify Judicial Deference to Agency Interpretations

Similar Bills

IA HF85

A bill for an act providing for a regulatory relief program.

IA HF2090

A bill for an act providing for a regulatory relief program.

RI H7383

Establishes a Regulatory Sandbox program designed to provide a depository for ideas in a regulatory approach.

RI H5717

Establishes a Regulatory Sandbox program designed to provide a depository for ideas in a regulatory approach.

KS HB2291

Creating the regulatory relief division within the office of the attorney general and establishing the general regulatory sandbox program to waive or suspend rules and regulations for program participants.

OH HB176

Establish a universal regulatory sandbox program

OH SB90

Create regulatory relief division; establish regulatory sandbox

OH SB445

To amend sections 121.95 and 121.951 of the Revised Code to revise the definition of "regulatory restriction" for purposes of administrative rulemaking and to specify that certain rule changes alone do not eliminate a restriction.