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Bill

Bill

SJR 61

Proposing a constitutional amendment authorizing the legislature to provide for legislative review or approval of state agency rules.

89th Legislature (2025) Introduced by Bob Hall

Amends Texas Constitution to require Legislature to review and approve state agency rules before implementation, shifting regulatory control from agencies to elected lawmakers.

Referred to Business & Commerce
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Bill Summary · SJR 61

Legislative bill overview

SJR 61 proposes a constitutional amendment that would allow the Texas Legislature to review and approve state agency rules before they take effect. Currently, state agencies can create rules under existing statutory authority with limited legislative oversight. This amendment would fundamentally alter the rule-making process by inserting a legislative approval requirement.

Why is this important

This would represent a significant shift in governmental power structure. If passed by voters, it would reduce agency autonomy and increase legislative control over administrative regulations affecting businesses, workers, and citizens. It could slow regulatory implementation but might also prevent agencies from adapting rules to changing circumstances without legislative action during limited legislative sessions.

Potential points of contention

  • Legislative capacity concern: The Texas Legislature meets only every two years for 140 days; reviewing and approving hundreds of proposed rules could overwhelm the process or create gridlock
  • Agency expertise vs. democratic control: Regulatory agencies employ subject-matter experts who develop rules based on technical knowledge; mandatory legislative approval could politicize technical decisions
  • Business impact: Some argue oversight increases certainty and prevents overregulation; others contend delays in rule implementation create uncertainty and competitive disadvantages
  • Constitutional precedent: Federal delegated authority to agencies has survived Supreme Court scrutiny; this represents a state-level pushback against the modern administrative state

Compiled from official sources — confirm details with the bill’s official record.

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