Regulation must not restrict the right to work without explicit legislative authority.
The Problem
Texas regulatory agencies oversee hundreds of professions and impose licensing requirements, compliance mandates, civil penalties, and enforcement actions that directly affect individuals’ ability to earn a living.
Occupational licensing frameworks often regulate individuals rather than facilities and include recurring renewal fees and continuing education mandates. Regulatory enforcement can result in significant penalties, including license revocation and substantial fines.
In some cases, administrative rulemaking has created effective criminal exposure without explicit legislative authorization. Individuals may face severe consequences through administrative processes rather than traditional judicial proceedings.
Why It Matters
Economic liberty is foundational to free enterprise. The right to work in a lawful occupation should not depend on navigating unnecessary regulatory barriers.
Due process is equally foundational. Significant penalties and restrictions should flow from clearly enacted statutes and be adjudicated with full constitutional protections.
When agencies expand licensing burdens or impose penalties without a clear legislative mandate, both economic freedom and procedural fairness are weakened.
What Reform Requires
- Prohibiting criminal liability created solely through administrative rulemaking
- Requiring explicit legislative authorization for significant regulatory penalties
- Adopting a presumption of economic freedom in occupational licensing frameworks
- Requiring periodic sunset review of licensing statutes and regulatory regimes
- Placing the burden of proof on the state to justify regulatory barriers
- Ensuring access to judicial review for substantial administrative sanctions
Regulation must protect health and safety, not restrict opportunity or bypass constitutional safeguards.
