| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to judicial deference regarding an interpretation of law |
|
|
by a state agency. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 311, Government Code, is |
|
|
amended by adding Section 311.0231 to read as follows: |
|
|
Sec. 311.0231. PROHIBITED DEFERENCE TO AGENCY |
|
|
CONSTRUCTION. Notwithstanding Section 311.023 or any other law, a |
|
|
court is not required to give deference to any construction of a |
|
|
statute by the state agency responsible for the statute's |
|
|
administration, implementation, or other enforcement. This |
|
|
section does not prohibit a court from giving consideration to a |
|
|
state agency's construction of a statute that is reasonable and |
|
|
does not conflict with the plain language of the statute. |
|
|
SECTION 2. Subchapter B, Chapter 2001, Government Code, is |
|
|
amended by adding Section 2001.042 to read as follows: |
|
|
Sec. 2001.042. JUDICIAL REVIEW OF STATE AGENCY LEGAL |
|
|
DETERMINATION REGARDING LAWS AND RULES. Notwithstanding any other |
|
|
law, in a judicial proceeding in this state, including an action |
|
|
subject to Section 2001.038, a court is not required to give |
|
|
deference to a state agency's legal determination regarding the |
|
|
construction, validity, or applicability of the law or a rule |
|
|
adopted by the state agency responsible for the rule's |
|
|
administration, implementation, or other enforcement. This |
|
|
section does not prohibit a court from giving consideration to a |
|
|
legal determination made by a state agency that is reasonable and |
|
|
does not conflict with the plain language of the statute. |
|
|
SECTION 3. Subchapter G, Chapter 2001, Government Code, is |
|
|
amended by adding Section 2001.1721 to read as follows: |
|
|
Sec. 2001.1721. JUDICIAL REVIEW OF QUESTION OF LAW. (a) |
|
|
Except as provided by Subsection (b), in any matter brought under |
|
|
this subchapter, the reviewing court shall review all questions of |
|
|
law de novo, including the interpretation of constitutional or |
|
|
statutory provisions or rules adopted by a state agency, without |
|
|
giving deference to any legal determination by a state agency. |
|
|
(b) Subsection (a) does not prohibit a reviewing court from |
|
|
giving consideration to a legal determination made by a state |
|
|
agency that is reasonable and does not conflict with the plain |
|
|
language of the statute. |
|
|
(c) Notwithstanding any other law, this section applies in |
|
|
an action for judicial review of a contested case authorized by law |
|
|
and other court actions authorized by law that involve a state |
|
|
agency's legal determination of a constitutional or statutory |
|
|
provision or a rule adopted by the state agency. |
|
|
(d) A law may not exempt an action from the application of |
|
|
this section except by specific reference to this section. |
|
|
SECTION 4. The changes in law made by this Act apply only to |
|
|
a petition for judicial review, action for declaratory judgment, |
|
|
contested case, or other proceeding initiated on or after the |
|
|
effective date of this Act. A petition for judicial review, action |
|
|
for declaratory judgment, contested case, or other proceeding |
|
|
initiated before the effective date of this Act is governed by the |
|
|
law in effect on the date the proceeding was initiated, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |