Bill Text: TX HB1947 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB1947 Detail]
Download: Texas-2023-HB1947-Introduced.html
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: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB1947 Detail]
Download: Texas-2023-HB1947-Introduced.html
By: Harrison | H.B. No. 1947 |
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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 September 1, 2023. |