Legal Question in Business Law in Texas

A similar issue was recently addressed by the Texas Court of Criminal Appeals in State v. Rhine, 297 S.W.3d 301 (Tex. Crim. App. 2009). The issue comes down to whether the rule in the Administrative Code is the result of an unconstitutional delegation of legislative authority to an executive agency or the constitutional delegation of rule-making authority to an executive agency. In State v. Rhine, the Court concluded that because the legislature declared a policy and set standards and limitations on the authority delegated to TCEQ that are capable of reasonable application, provide guidance, and limit discretion, it has not unconstitutionally delegated to TCEQ authority more �properly attached to� the legislature and, therefore, there is no violation of the separation of powers principle of Art. II, � 1, of the Texas Constitution. The Court determined that Tex. Health & Safety Code � 382.018(a), which delegates to TCEQ the power to prohibit or control the outdoor burning of waste, is a constitutional delegation of legislative authority and the defendant could be prosecuted for a violation of the Administrative Code rule created by the TCEQ.