89th Legislature

HB 10

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 10, known as the Regulatory Reform and Efficiency Act, seeks to fundamentally reshape how Texas state agencies adopt rules and implement regulatory requirements. The bill creates the Texas Regulatory Efficiency Office (TREO) within the Office of the Governor, charged with promoting streamlined, cost-effective rulemaking processes. The TREO is tasked with identifying inefficiencies and redundancies in state agency regulations and assisting agencies in repealing or amending rules to minimize costs and burdens on individuals and businesses.

HB 10 also establishes the Texas Regulatory Efficiency Advisory Panel, which will support the office by offering strategic guidance and subject-matter expertise. The bill mandates that the office publish a Regulatory Economic Analysis Manual, along with guidance documents and best practices, to aid agencies in performing cost-benefit analyses for new or existing rules. It encourages collaboration between the TREO, state agencies, the Department of Information Resources, and the Secretary of State to improve transparency through a public-facing, searchable online database of rules, forms, and filings affecting regulated occupations and industries.

Importantly, the bill limits the legal deference Texas courts must give to agency interpretations of law and rules in certain judicial proceedings. This change would realign the balance of power between state agencies and the judiciary, giving courts greater authority to independently interpret statutes. Taken together, HB 10 reflects a significant step toward regulatory modernization, increased accountability, and the reinforcement of checks and balances in state government.

The committee substitute version of HB 10 introduces a range of modifications and refinements to the originally filed version of the Regulatory Reform and Efficiency Act. The changes reflect a streamlining of the bill's structure, a narrowing of certain provisions, and some shifts in administrative emphasis.

One major difference is the removal of Sunset Review provisions. In the originally filed version, both the Texas Regulatory Efficiency Office and the Advisory Panel were subject to the Texas Sunset Act, with a provision to abolish them by September 1, 2037, unless reauthorized. The substitute version omits these Sunset provisions entirely, implying an intention for the office to be a more permanent fixture in state government.

Another significant change involves the treatment of state agency goals for regulatory reduction. The original bill required agencies to establish specific goals for reducing regulatory burdens and document how they met those goals. It also mandated the creation of a Regulatory Reduction Guide to assist in this task. These prescriptive requirements were removed in the substitute version, which instead emphasizes general assistance and collaboration from the Texas Regulatory Efficiency Office without imposing explicit benchmarks or documentation obligations.

The advisory panel’s role is also trimmed. While the original bill includes detailed criteria for panel membership (e.g., representatives from small and large businesses, occupational license holders, and universities) and empowers the panel to assist in reporting and strategic oversight, the substitute bill focuses more narrowly on coordination and does not detail panel composition or terms.

Lastly, although both versions reduce judicial deference to state agency interpretations, the originally filed version includes more extensive revisions to Chapter 2001 of the Government Code, including new language on judicial review and procedural requirements for rulemaking. These include statutory plain-language requirements and more explicit fiscal and employment impact statements. The substitute version preserves some of this framework but simplifies and condenses the language, likely to facilitate legislative approval.

Overall, the Committee Substitute reflects a more politically calibrated version of the bill, retaining the core reform goals while reducing prescriptive mandates and long-term structural changes.
Author
Giovanni Capriglione
Todd Hunter
Jeff Leach
Salman Bhojani
Pat Curry
Co-Author
Jeffrey Barry
Keith Bell
Greg Bonnen
Ben Bumgarner
Jay Dean
Mark Dorazio
Stan Gerdes
Ryan Guillen
Cody Harris
Richard Hayes
Cole Hefner
Hillary Hickland
Carrie Isaac
Helen Kerwin
Marc LaHood
Stan Lambert
Terri Leo-Wilson
Mitch Little
Janie Lopez
A.J. Louderback
J. M. Lozano
John Lujan
Don McLaughlin
William Metcalf
Matt Morgan
Candy Noble
Tom Oliverson
Angelia Orr
Jared Patterson
Dennis Paul
Katrina Pierson
Joanne Shofner
David Spiller
Valoree Swanson
Carl Tepper
Ellen Troxclair
Cody Vasut
Denise Villalobos
Wesley Virdell
Trey Wharton
Terry Wilson
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 10 will have a projected negative impact of $9.7 million to the General Revenue Fund for the 2026–27 biennium. The majority of these costs stem from the establishment and operation of the newly created Texas Regulatory Efficiency Office within the Office of the Governor, which will require a significant staffing increase and new technological infrastructure.

To effectively perform its statutory duties—including regulatory analysis, interagency coordination, and development of public-facing digital tools—the Office would need to hire 18 full-time equivalent (FTE) staff members. These include attorneys, data scientists, program specialists, IT personnel, and administrative staff. Personnel-related expenses, combined with one-time costs such as drafting the Regulatory Economic Analysis Manual, amount to over $7.6 million for the first two years.

Additionally, the Department of Information Resources (DIR) projects technology-related costs of $1.09 million in FY 2026 for the initial development of an interactive regulatory website, with ongoing annual maintenance costs estimated at $654,000 from FY 2027 onward. These technology expenses are necessary to support the bill’s goal of making regulatory information more accessible to the public and regulated entities.

The bill does not directly appropriate funds, but it provides a legal framework for future appropriations. Notably, it includes a provision allowing the involved agencies to implement the bill’s mandates only if sufficient funding is allocated. There are no significant fiscal impacts anticipated for local governments. In summary, while the bill introduces potentially valuable efficiency and transparency mechanisms, it comes with a meaningful upfront and ongoing cost to the state budget.

Vote Recommendation Notes

HB 10, the Regulatory Reform and Efficiency Act, is a strong step toward increasing transparency, efficiency, and accountability in the Texas regulatory process. Drawing on recent concerns about regulatory overreach and inspired in part by the 2024 U.S. Supreme Court decision in Loper Bright Enterprises v. Raimondo, the bill addresses both economic and legal aspects of state agency rulemaking. It establishes the Texas Regulatory Efficiency Office within the Governor’s Office to identify outdated or ineffective rules, streamline regulatory adoption processes, and make government more navigable for entrepreneurs and the public.

From a liberty-focused perspective, the bill affirms several foundational principles. It reinforces individual liberty and personal responsibility by improving public access to regulatory information and reducing unnecessary compliance burdens. The establishment of plain-language rulewriting and public input mechanisms fosters an informed citizenry and greater participation in governance. The bill also strongly supports free enterprise by targeting redundant rules and high compliance costs that disproportionately affect small businesses. These reforms are consistent with longstanding concerns from both the Republican and Libertarian platforms regarding regulatory excess and bureaucratic inertia.

HB 10 further promotes limited government by codifying a legal framework that limits judicial deference to state agency interpretations of law. This restores the constitutional balance between the judiciary and executive agencies, ensuring that laws passed by the Legislature are not reinterpreted or expanded through bureaucratic rulemaking. Although the fiscal note projects approximately $9.7 million in new spending over the next biennium to operationalize the bill—including hiring 18 full-time employees and building a public regulatory portal—this investment is targeted and time-sensitive, with potential long-term cost-saving benefits if the reform reduces litigation, inefficiencies, and unnecessary red tape.

Overall, HB 10 exemplifies thoughtful, structural reform that respects the role of government while correcting its excesses. It balances the need for effective regulation with the imperative to limit the reach of unelected agencies. The bill's practical scope, legal reforms, and clear focus on economic impact are the reasons why Texas Policy Research recommends that lawmakers vote YES on HB 10.

  • Individual Liberty: By requiring rules to be written in plain language and ensuring public access to regulatory information via a new searchable database, the bill increases transparency and reduces barriers for citizens trying to understand and comply with the law. It empowers individuals by making the law more accessible and understandable, which is central to protecting personal freedoms. Furthermore, the reduction in judicial deference to agency interpretations of law helps restore the balance between the individual and the administrative state. Citizens and businesses will have more standing to challenge potentially overreaching or misapplied rules in court.
  • Personal Responsibility: The bill encourages Texans—particularly those subject to professional and occupational regulations—to be more actively involved in reviewing and responding to the rules that govern their lives and work. With clearer information and fewer bureaucratic hurdles, individuals are better equipped to take responsibility for compliance and legal advocacy.
  • Free Enterprise: One of the bill’s central aims is to reduce regulatory burdens that inhibit business growth. It targets redundant rules, unnecessary fees, and excessive paperwork—especially those affecting small and medium-sized businesses. By fostering a leaner regulatory environment, the bill advances the cause of free enterprise and responds directly to concerns raised by business advocates, including the Governor's Small Business Freedom Council. The inclusion of business experts on the advisory panel and the focus on economic impact in rulemaking also strengthen market-oriented governance.
  • Private Property Rights: Although the bill does not directly address eminent domain or land use, it supports property rights by reducing the compliance and procedural burdens often tied to occupational licensing, zoning, and environmental regulations. These indirect effects can be especially valuable for small property owners, entrepreneurs, and rural residents who face disproportionate impacts from complex rule systems.
  • Limited Government: This is where the bill has perhaps its most transformative impact. HB 10 places substantive checks on the rulemaking authority of executive agencies by requiring economic analyses and impact assessments for rules, limiting judicial deference to agency interpretation, and encouraging repeal of unnecessary regulations. These measures curb bureaucratic overreach and restore legislative and judicial oversight—key tenets of a limited government framework.
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