The bill, S.B. No. 944, proposes amendments to the Government Code of Texas regarding judicial deference to state agency interpretations of law. It introduces new sections that clarify that courts are not required to give deference to a state agency's construction of statutes or legal determinations related to rules they administer. Specifically, Section 311.0231 establishes that courts can consider an agency's interpretation only if it is reasonable and aligns with the statute's plain language. Similarly, Section 2001.042 states that courts are not obligated to defer to a state agency's legal determinations in judicial proceedings, while Section 2001.1721 mandates that courts review questions of law de novo, without deference to agency interpretations.
The bill emphasizes that these changes apply to judicial reviews and other legal proceedings initiated on or after its effective date, which is contingent on receiving a two-thirds vote from both houses or set for September 1, 2025, if not. The intent of the legislation is to ensure that judicial interpretations of law are not unduly influenced by state agencies, thereby promoting a more independent judicial review process.
Statutes affected: Introduced: ()