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) 2019-04-09 - Left pending in committee [SB2371 Detail]

Download: Texas-2019-SB2371-Introduced.html
  86R10901 YDB-F
 
  By: Hughes S.B. No. 2371
 
 
 
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(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.
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