Bill Caption

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 688 would add a new chapter to the Government Code. Specifically, Chapter 673 would require the governing body of a state agency to create a training manual. Copies would annually go to each member of the governing body.

The training manual must cover the following topics:

• The rulemaking limitations of the governing body;

• The differences in authority between the governing body and the legislature;

• The ethical considerations involved in communicating with a lobbyist;

• The requirements for disclosing a conflict of interest;

• The applicable state laws and rules that govern members of a governing body. 

Vote Recommendation Notes

The problem with big government is that too many governing bodies perceive themselves to have near limitless authority. The author’s statement of intent alleges that following the 83rd Legislative Session, “several” state boards and commissions went outside the scope of their authority. According to the statement, “these boards and commissions engaged in rulemaking that resembled the making of law rather than the enforcement of law.”

SB 668 would remedy this issue by requiring members of a governing body to receive a training manual on the proper role of the agencies authority. This legislation seeks to establish a clear line of demarcation between the rulemaking authority of the legislature and the enforcement authority of those governing bodies.

When a governing body perceives its authority to be greater than it actually is, our liberty is in jeopardy. We support SB 668 because it is imperative that only one branch of government - the legislature - pass laws; this is a critical facet of our limited government principle. Too many rulemaking bodies make it difficult for the citizenry to hold the government accountable.

We support SB 668.