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 The law would also allow individuals facing potential harm from outdated regulations to seek legal recourse through declaratory judgments in district court.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 This increased accountability is intended to streamline the regulatory process and eliminate outdated rules that may no longer be relevant.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argue that the bill would improve government efficiency and promote a more rational regulatory landscape by eliminating outdated rules.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.

Companion Bills

No companion bills found.

Previously Filed As

TX HB404

Relating to state agency review of adopted rules.

TX HB3839

Relating to state agency review of adopted rules.

TX HB5083

Relating to the adoption and review of rules 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 SB1474

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

TX A3215

Requires State agency to identify at least two existing rules for repeal for every one new rule adopted.

TX A4409

Requires State agencies to periodically review administrative rules and regulations to ensure continued efficacy.

TX S2455

Requires State agencies to periodically review administrative rules and regulations to ensure continued efficacy.

TX SB1479

Relating to the duration of and process for adopting and renewing state agency emergency rules.

TX HB606

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

Similar Bills

No similar bills found.