Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:
HB2854 by Middleton (Relating to judicial deference regarding an interpretation of law by a state agency.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Government Code to restrict the rule of statutory interpretation by which courts give deference to an agency's interpretation or construction of statutes implemented or enforced by that agency and require the courts to review all questions of law in administrative cases as a trial de novo.
Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
The bill would take effect September 1, 2019.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council