Texas governor directs state agencies to reduce occupational licensing requirements (2019)

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State governments have taken a variety of actions that impact the administrative state at the state level. These actions may address aspects of the regulatory process—such as rulemaking and regulatory review—or interactions between the administrative state and other branches of state government, including judicial deference.

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Texas governor directs state agencies to reduce occupational licensing requirements (2019)

Texas Governor Greg Abbott on October 8, 2019, directed the heads of state agencies to reduce occupational licensing regulations, fees, education requirements, and prohibitions for individuals with criminal records, where appropriate.[1][2]

In the letter sent to the heads of state agencies, Abbott specifically instructed agencies to decrease licensing application fees to 75% of the equivalent or comparable national average. He also ordered agencies to move away from broad criminal licensing exclusions and, instead, publish lists of specific criminal offenses that would prevent individuals from obtaining a particular license.[1][2]

The directive aims to reduce what Abbott described as overly burdensome regulations that prevent individuals from pursuing professions and gaining employment.[1][2]

“Sensible licensing rules, when necessary, can protect the public from legitimate harm, but overbroad rules stymie innovation, raise consumer prices, and limit economic opportunity,” wrote Abbott. "Overly burdensome licensing rules also discourage individuals from pursuing professions or prevent the unemployed—or former inmates who have paid their debt to society—from building a better life.”[1]

Abbott ordered agencies to respond with recommendations by December 1. A number of state agencies as of November 22 had received the letter and were developing responses, according to the Texas Tribune.[1]

Since 2003, the Texas Department of Licensing and Regulation has deregulated nine licensing programs as of November 2019; the Texas Supreme Court in 2015 struck down a regulation requiring eyebrow threaders to receive 750 hours of training; and the Texas Legislature in 2019 abolished criminal penalties for practicing as a registered interior designer without providing proof of voluntary registration.[1]

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Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Texas Tribune, "Gov. Greg Abbott orders state agencies to reduce licensing regulations, cut fees," November 22, 2019
  2. ↑ 2.0 2.1 2.2 KXAN, "Gov. Abbott demands state agencies roll back licensing regulations, fees," November 22, 2019
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