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A BILL TO BE ENTITLED
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AN ACT
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relating to de novo review and interpretation of state laws and |
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state agency rules by reviewing court judges and administrative law |
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judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Chapter 21, Government Code, is |
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amended by adding Section 21.013 to read as follows: |
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Sec. 21.013. DE NOVO REVIEW OF STATE LAW PROVISION BY |
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REVIEWING COURT JUDGE; INTERPRETATION OF AMBIGUOUS STATE LAW |
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PROVISION. (a) In this section, "provision of state law" means: |
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(1) a state statute; |
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(2) a rule a state agency adopts; or |
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(3) an opinion letter, manual, or other guidance |
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document a state agency issues interpreting the meaning, scope, or |
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effect of a state statute or state agency rule. |
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(b) In interpreting a provision of state law, a reviewing |
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court judge shall interpret the meaning and effect of the provision |
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de novo, without deference to a state agency's interpretation of |
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the provision. |
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(c) In an action brought by or against a state agency |
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concerning an ambiguous provision of state law, after applying all |
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other rules and canons of interpretation, a reviewing court judge |
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shall resolve the ambiguity in favor of limiting state agency |
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authority. |
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SECTION 2. Subchapter B, Chapter 2003, Government Code, is |
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amended by adding Section 2003.026 to read as follows: |
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Sec. 2003.026. DE NOVO REVIEW OF STATE LAW PROVISION IN |
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ADMINISTRATIVE HEARING; INTERPRETATION OF AMBIGUOUS STATE LAW |
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PROVISION. (a) In this section, "provision of state law" means: |
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(1) a state statute; |
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(2) a rule a state agency adopts; or |
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(3) an opinion letter, manual, or other guidance |
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document a state agency issues interpreting the meaning, scope, or |
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effect of a state statute or state agency rule. |
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(b) An administrative law judge who conducts a hearing that |
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requires the judge to interpret a provision of state law shall |
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interpret the meaning and effect of the provision de novo, without |
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deference to a state agency's interpretation of the provision. |
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(c) An administrative law judge who conducts a hearing |
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brought by or against a state agency concerning an ambiguous |
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provision of state law, after applying all other rules and canons of |
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interpretation, shall resolve the ambiguity in favor of limiting |
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state agency authority. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on September 1, 2025. |