April 8, 2025

Corporations Win, People Lose as Texas Legislature DOGEs 'Chevron Deference' for State Agencies

Senate Bill 14, the first DOGE-like bill nearing the governor's desk, turns a 2024 U.S. Supreme Court ruling into Texas law

AUSTIN, Texas - The Texas House of Representatives today gave preliminary approval to Senate Bill 14, legislation that would eliminate the "Chevron deference" doctrine for state regulatory agencies. In doing so, the Texas House emulates the U.S. Supreme Court's 2024 decision overturning the doctrine as it relates to federal regulators

SB 14 was already approved in the Texas Senate and routed through a new Texas House committee - the Texas House Committee on Delivery of Government Efficiency, or Texas House DOGE - inspired by the federal government's Elon Musk-led efforts to gut federal agencies. Today's action puts SB 14 a third reading vote away, usually a formality, from becoming the first Texas DOGE bill sent to the governor for his signature.

The doctrine stood for over 40 years before the Supreme Court overturned it. It indicated that in legal challenges to a federal agency's interpretation of how to implement a law passed by Congress, the courts would defer to the agency's interpretation in cases where the statute was ambiguous. If SB14 were to become law, it would eliminate deference in state court challenges to a state agency's actions. Additionally, SB 14 creates a regulatory advisory office controlled by the governor and staffed by an appointed advisory panel, opening the door to politicized rulemaking.

"Texans aren't suffering under excessive regulations - quite the opposite. The state's pro-business approach often leaves Texans without common sense rules to protect health and safety. SB 14 would further undermine existing protections," said Adrian Shelley, Texas director of Public Citizen. "Ending Chevron deference allows ideological judges to substitute their policy preferences for the expertise of state agencies. It's a rejection of science and a step backward for Texas. SB 14's false premise is that 'efficiency' only comes through cutting regulations. Real efficiency is implementing common sense rules to prevent costly problems that could impact the wellbeing of entire communities."

Consumer rights advocates argue that Chevron protects people because it defers to the subject-matter experts at regulatory agencies who know how to best implement laws passed by legislative bodies. Without Chevron, it is up to judges to make implementation decisions and corporations have one less barrier to overturning rules they don't like but are intended to keep them accountable and the public safe.

As the case that overturned Chevron reached the Supreme Court, an analysis by Public Citizen and the Coalition for Sensible Safeguards found that almost all of the briefs filed by corporate trade associations advised the high court to overturn Chevron.