Bill Text: TX SB2371 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to judicial deference regarding an interpretation of law by a state agency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-09 - Left pending in committee [SB2371 Detail]
Download: Texas-2019-SB2371-Introduced.html
| 86R10901 YDB-F | ||
| By: Hughes | S.B. No. 2371 | |
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| 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(6) or any other law, | ||
| a court may not give deference to any construction of a statute by | ||
| the state agency responsible for the statute's administration or | ||
| implementation. | ||
| 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 AGENCY RULEMAKING. | ||
| Notwithstanding any other law, in a judicial proceeding in this | ||
| state, including an action subject to Section 2001.038, a court may | ||
| not give deference to a legal determination made by a state agency | ||
| regarding the construction, validity, or applicability of a rule | ||
| adopted by the state agency responsible for the rule's | ||
| administration or implementation. | ||
| 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) In | ||
| any matter brought under this subchapter, the reviewing court shall | ||
| decide all questions of law by trial de novo, including the | ||
| interpretation of constitutional provisions, statutory provisions, | ||
| or rules adopted by a state agency, without giving deference to any | ||
| legal determination by a state agency. | ||
| (b) Notwithstanding any other law, this section applies in | ||
| an action for judicial review of a contested case that is authorized | ||
| by law and other court actions authorized by law that involve a | ||
| state agency's construction of a constitutional provision or | ||
| statutory provision or a rule adopted by a state agency. | ||
| (c) 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 to a | ||
| petition for judicial review, action for declaratory judgment, or | ||
| other judicial proceeding filed on or after the effective date of | ||
| this Act. A petition for judicial review, action for declaratory | ||
| judgment, or other judicial proceeding filed before the effective | ||
| date of this Act is governed by the law in effect on the date the | ||
| petition for judicial review, action for declaratory judgment, or | ||
| other judicial proceeding was filed, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2019. | ||
