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Bill

Bill

SB 2861

Relating to negotiated rulemaking by the commissioner of insurance.

89th Legislature (2025) Introduced by Bryan Hughes and 1 co-sponsor

Expands Texas Insurance Commissioner's use of negotiated rulemaking to develop insurance regulations more collaboratively, potentially accelerating rule adoption but raising industry influence concerns.

Co-author authorized
#insurance #commissionerof(v0396) #insurance--general(i0445) #mediation #disputeresolution #&arbitration(s8683) #stateagencies #boards&commissions--admin.procedure(i0763)
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Bill Summary · SB 2861

Legislative bill overview

SB 2861 modifies Texas's insurance regulatory process by expanding the Commissioner of Insurance's authority to use negotiated rulemaking procedures. The bill appears to streamline how the commissioner develops and finalizes insurance rules by allowing alternative dispute resolution methods rather than traditional adversarial rulemaking processes.

Why is this important

Insurance regulations directly affect rates, coverage requirements, and market practices that impact millions of Texas residents and businesses. How rules are developed—whether through traditional notice-and-comment or collaborative negotiated rulemaking—influences which stakeholders have meaningful input and how quickly regulatory changes take effect.

Potential points of contention

  • Industry influence concerns: Negotiated rulemaking brings insurers, consumer groups, and regulators to the same table, raising questions about whether industry participants gain disproportionate influence over rule development compared to traditional public comment periods
  • Public transparency: Negotiating behind closed doors (even with published results) may reduce visibility into regulatory deliberations compared to formal hearings and documented decision-making trails
  • Implementation speed vs. deliberation: While negotiated rulemaking can be faster, expedited rule adoption may limit time for thorough public review and feedback from affected consumers

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

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