Bill Text: TX HB606 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to de novo review and interpretation of state laws and state agency rules by reviewing court judges and administrative law judges.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB606 Detail]
Download: Texas-2025-HB606-Introduced.html
| By: Harrison | H.B. No. 606 | |
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| relating to de novo review and interpretation of state laws and | ||
| state agency rules by reviewing court judges and administrative law | ||
| judges. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Chapter 21, Government Code, is | ||
| amended by adding Section 21.013 to read as follows: | ||
| Sec. 21.013. DE NOVO REVIEW OF STATE LAW PROVISION BY | ||
| REVIEWING COURT JUDGE; INTERPRETATION OF AMBIGUOUS STATE LAW | ||
| PROVISION. (a) In this section, "provision of state law" means: | ||
| (1) a state statute; | ||
| (2) a rule a state agency adopts; or | ||
| (3) an opinion letter, manual, or other guidance | ||
| document a state agency issues interpreting the meaning, scope, or | ||
| effect of a state statute or state agency rule. | ||
| (b) In interpreting a provision of state law, a reviewing | ||
| court judge shall interpret the meaning and effect of the provision | ||
| de novo, without deference to a state agency's interpretation of | ||
| the provision. | ||
| (c) In an action brought by or against a state agency | ||
| concerning an ambiguous provision of state law, after applying all | ||
| other rules and canons of interpretation, a reviewing court judge | ||
| shall resolve the ambiguity in favor of limiting state agency | ||
| authority. | ||
| SECTION 2. Subchapter B, Chapter 2003, Government Code, is | ||
| amended by adding Section 2003.026 to read as follows: | ||
| Sec. 2003.026. DE NOVO REVIEW OF STATE LAW PROVISION IN | ||
| ADMINISTRATIVE HEARING; INTERPRETATION OF AMBIGUOUS STATE LAW | ||
| PROVISION. (a) In this section, "provision of state law" means: | ||
| (1) a state statute; | ||
| (2) a rule a state agency adopts; or | ||
| (3) an opinion letter, manual, or other guidance | ||
| document a state agency issues interpreting the meaning, scope, or | ||
| effect of a state statute or state agency rule. | ||
| (b) An administrative law judge who conducts a hearing that | ||
| requires the judge to interpret a provision of state law shall | ||
| interpret the meaning and effect of the provision de novo, without | ||
| deference to a state agency's interpretation of the provision. | ||
| (c) An administrative law judge who conducts a hearing | ||
| brought by or against a state agency concerning an ambiguous | ||
| provision of state law, after applying all other rules and canons of | ||
| interpretation, shall resolve the ambiguity in favor of limiting | ||
| state agency authority. | ||
| SECTION 3. 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 on September 1, 2025. | ||
