courts stop deferring to agency readings of law

The text as introduced · 567 words

89R8573 RDS-F

By: Hughes
S.B. No. 944

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.