SB944 - Relating to judicial deference regarding an interpretation of law by a state agency.

  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.