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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial deference regarding an interpretation of law |
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by a state agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 311, Government Code, is |
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amended by adding Section 311.0231 to read as follows: |
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Sec. 311.0231. PROHIBITED DEFERENCE TO AGENCY |
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CONSTRUCTION. Notwithstanding Section 311.023(6) or any other law, |
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a court may not give deference to any construction of a statute by |
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the state agency responsible for the statute's administration or |
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implementation. |
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SECTION 2. Subchapter B, Chapter 2001, Government Code, is |
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amended by adding Section 2001.042 to read as follows: |
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Sec. 2001.042. JUDICIAL REVIEW OF AGENCY RULEMAKING. |
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Notwithstanding any other law, in a judicial proceeding in this |
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state, including an action subject to Section 2001.038, a court may |
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not give deference to a legal determination made by a state agency |
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regarding the construction, validity, or applicability of a rule |
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adopted by the state agency responsible for the rule's |
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administration or implementation. |
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SECTION 3. Subchapter G, Chapter 2001, Government Code, is |
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amended by adding Section 2001.1721 to read as follows: |
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Sec. 2001.1721. JUDICIAL REVIEW OF QUESTION OF LAW. (a) In |
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any matter brought under this subchapter, the reviewing court shall |
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decide all questions of law by trial de novo, including the |
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interpretation of constitutional provisions, statutory provisions, |
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or rules adopted by a state agency, without giving deference to any |
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legal determination by a state agency. |
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(b) Notwithstanding any other law, this section applies in |
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an action for judicial review of a contested case that is authorized |
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by law and other court actions authorized by law that involve a |
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state agency's construction of a constitutional provision or |
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statutory provision or a rule adopted by a state agency. |
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(c) A law may not exempt an action from the application of |
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this section except by specific reference to this section. |
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SECTION 4. The changes in law made by this Act apply to a |
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petition for judicial review, action for declaratory judgment, or |
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other judicial proceeding filed on or after the effective date of |
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this Act. A petition for judicial review, action for declaratory |
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judgment, or other judicial proceeding filed before the effective |
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date of this Act is governed by the law in effect on the date the |
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petition for judicial review, action for declaratory judgment, or |
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other judicial proceeding was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |