Bills introduced to protect Texans from unaccountable rulemaking and rubber-stamping courts
February 06, 2023
Austin, TX; February 3, 2023: Today, Rep. Brian Harrison (R-TX) introduced two new bills that will protect the rights of Texans from government overreach. HB 1947 repeals state-level judicial deference, and HB 1948 requires the governor to sign off on all final regulations.
“When Texans walk into courthouses, they are often greeted by a depiction of a blindfolded Lady Justice who reassures all who enter that the law will be applied fairly and evenly,” said Daniel Dew, legal policy director at Pacific Legal Foundation. “Unfortunately, court doctrines favoring big government have leaked into Texas’ state court system, and HB 1947 ensures that Texans will have a fair shot to have their cases heard.”
The doctrine of judicial deference is problematic because it requires judges to rubber-stamp agencies’ interpretations of unclear laws that the agencies also enforce. As a result, courts are so infused with a systemic bias favoring government agencies that successful legal challenges are nearly impossible for every citizen. Likewise, rulemaking by unelected bureaucrats is a grave perversion of the government’s checks-and-balances structure, and its correction is also long overdue.
“Regulations promulgated by bureaucrats have the same power as law without the legislative process, and Texans should have the right to know who is behind those regulations. By requiring the governor to sign off on final rules and regulations, Texans will know who to hold accountable, and the governor will be given more power to control his administration. HB 1948 is a win for Texans and the governor.”
Pacific Legal Foundation thanks Rep. Harrison for his commitment to rein in the administrative state.
Pacific Legal Foundation is a national nonprofit legal organization that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 17 wins of 19 cases litigated at the U.S. Supreme Court.