Bill > HB2338

This bill modifies Texas state law regarding the adoption and potential voidability of state agency rules. The bill amends the Government Code to remove the exception that allowed rules to be exempted from certain procedural requirements when they were "necessary to protect the health, safety, and welfare of the residents of this state" and makes several technical adjustments to the numbering of rule exceptions. The bill also updates the provisions for challenging rules, stating that a rule can be voided if it is not adopted in substantial compliance with specific sections of the Government Code, and establishes that any legal challenge to a rule's procedural compliance must be initiated within two years of the rule's effective date. Importantly, these changes will only apply to rules proposed by state agencies on or after the bill's effective date (September 1, 2025), meaning previously proposed rules will be governed by the law in effect at the time of their proposal. The modifications aim to provide more clarity and structure around the rulemaking process for state agencies in Texas, ensuring more rigorous procedural compliance and opportunities for challenging rules that do not meet established guidelines.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2338