The bill, S.B. No. 944, introduces significant changes to the judicial deference given to state agency interpretations of law. It amends the Government Code by adding new sections that explicitly state that courts are not required to defer to a state agency's construction of statutes or legal determinations regarding rules they administer. Specifically, Section 311.0231 prohibits courts from giving deference to agency interpretations, while Section 2001.042 similarly establishes that courts are not obligated to defer to a state agency's legal determinations in judicial proceedings. Both sections clarify that courts may still consider agency interpretations if they are reasonable and align with the statute's plain language.

Additionally, the bill introduces Section 2001.1721, which mandates that courts review all questions of law de novo, without deference to state agency legal determinations. This section emphasizes that the reviewing court must interpret constitutional or statutory provisions independently, although it retains the option to consider reasonable agency interpretations that do not conflict with the statute's language. The changes apply only to proceedings initiated after the bill's effective date, ensuring that prior cases are governed by the existing law. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.

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