SB 2075

Overall Vote Recommendation
Vote No; Amend
Principle Criteria
negative
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest

SB 2075 seeks to modernize the structure and terminology of various advisory bodies affiliated with the Texas Department of Licensing and Regulation (TDLR). The bill replaces outdated references to "advisory committees" with the more consistent term "advisory boards" across multiple codes, including the Agriculture Code, Education Code, Government Code, Health and Safety Code, and Occupations Code. This change is primarily clerical but intended to reflect current organizational practices and ensure uniform language throughout Texas statutes.

The bill also refines the composition, duties, and governance procedures for these advisory boards. For example, SB 2075 codifies requirements for staggered terms, public membership, and designated leadership roles within boards such as the Architectural Barriers Advisory Board and the Driver Education and Safety Advisory Board. It updates the appointment process, clarifies removal and vacancy procedures, and reiterates that board members are not compensated but may receive expense reimbursements.

Significantly, the bill adds Section 51.2094 to the Occupations Code, giving the TDLR Commission express authority to establish advisory boards for specific programs under its jurisdiction. These boards will serve a consultative role, offering recommendations to the commission and department on policy, administration, and rulemaking. However, the bill explicitly exempts these boards from Chapter 2110 of the Government Code, which governs state agency advisory committees, suggesting a more flexible and internalized governance model for these bodies.

Overall, SB 2075 is an administrative cleanup and restructuring bill intended to enhance clarity, efficiency, and flexibility in the use of advisory bodies within TDLR. It does not create new regulatory powers or mandates but instead reinforces the department’s ability to consult with experts and stakeholders through formal, appointed boards.

Author (1)
Judith Zaffirini
Sponsor (1)
Dade Phelan
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2075 is not expected to have a significant fiscal impact on the State of Texas. The Texas Department of Licensing and Regulation (TDLR), the agency primarily affected by the legislation, is anticipated to be able to implement the changes using its existing resources. This includes any administrative adjustments required to update references, establish or reconfigure advisory boards, and manage their ongoing operations.

The bill does not authorize compensation for advisory board members, limiting potential costs to reimbursement for actual and necessary expenses. Because these expenses are expected to be minimal and manageable within current budget allocations, no additional appropriations or funding mechanisms are proposed alongside the bill.

At the local government level, the bill similarly carries no anticipated fiscal implications. Since the advisory boards in question are state-level entities under TDLR, the legislation does not place any new mandates or financial burdens on counties, municipalities, or other local jurisdictions.

Vote Recommendation Notes

SB 2075 proposes a broad administrative reorganization of advisory boards under the Texas Department of Licensing and Regulation (TDLR). The bill standardizes terminology by replacing references to “advisory committees” or “councils” with “advisory boards,” and implements uniform six-year terms for board members and two-year terms for presiding officers. These changes apply across over 30 boards and commissions overseen by TDLR and aim to improve consistency and efficiency in board governance.

However, beyond this cleanup, SB 2075 introduces a new and expansive provision—Section 51.2094 of the Occupations Code—which explicitly grants the Texas Commission of Licensing and Regulation (TCLR) the authority to create new advisory boards for any program administered by TDLR. This is a significant shift in power. Previously, such boards were created by statute on a case-by-case basis. Under the bill, TDLR would gain open-ended authority to establish advisory bodies at its discretion, with no required sunset provisions, caps on board creation, or legislative approval processes. This centralization of board-creating authority presents risks of bureaucratic growth, diluted legislative oversight, and potential regulatory capture.

While the bill does not impose new costs on taxpayers or businesses directly, and the Legislative Budget Board (LBB) anticipates no significant fiscal impact, the long-term structural implications are substantial. Advisory boards, while technically non-binding, influence rulemaking and enforcement policy. Empowering TDLR to unilaterally create such boards could result in an expanded regulatory apparatus, developed without transparent legislative deliberation or accountability.

For these reasons, Texas Policy Research recommends that lawmakers vote NO on SB 2075 unless amended. The bill’s administrative goals may be worthwhile, but they are overshadowed by a core policy issue: the potential for unchecked expansion of executive authority. To become supportable, SB 2075 should be amended to:

  • Include sunset or periodic review requirements for any advisory board created under the new section.
  • Limit the number or scope of boards that may be created,
  • Require legislative notification or approval for board creation beyond existing statutory boards.

Unless these safeguards are included, SB 2075 risks undermining the principle of limited, accountable government.

  • Individual Liberty: The bill does not directly restrict or expand individual freedoms. It makes no changes to licensing requirements, civil liberties, or individual rights. However, because advisory boards can influence future rulemaking, the potential for indirect erosion of liberty exists if boards push for more invasive or burdensome policies without adequate oversight.
  • Personal Responsibility: The bill does not affect personal accountability, self-governance, or behavioral incentives. It neither mandates individual action nor alters enforcement against misconduct. Its focus is structural and administrative within the agency.
  • Free Enterprise: Advisory boards often consist of industry representatives, and if those boards grow unchecked, they could influence the creation of rules that benefit entrenched interests or raise barriers for smaller businesses and new entrants. Without legislative oversight or diversity requirements, there's a risk of regulatory capture, where advisory boards shape policy to favor large incumbents or specific sectors at the expense of open competition.
  • Private Property Rights: The bill does not regulate property, zoning, eminent domain, or any aspect of ownership. No immediate or structural changes to private property rights are introduced.
  • Limited Government: This is where the bill most clearly conflicts with liberty principles. The bill gives the Texas Commission of Licensing and Regulation (TCLR) broad new statutory authority to create advisory boards without requiring legislative approval, caps, or sunset reviews. While advisory boards themselves do not enforce laws, they have the power to shape policy and recommend rules that TDLR implements. Without limits, this authority could allow for unchecked bureaucratic expansion, contrary to the core principle that government should be limited, accountable, and transparent.
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