All Powers Necessary and Convenient: The Scope of Implied Powers for Texas’s Administrative Agencies
Houston, Robin Smith
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This article examines the scope of the implied powers endowed upon Texas’s administrative agencies. While Texas law draws some bright lines for use by agencies and courts in interpreting the scope of implied power, this article highlights the difficulties that arise as courts attempt to identify when a particular power will be implied from a statutory delegation of authority and when it will not. Ultimately, the authors attempt to carve out objective, dispositive conclusions about the scope of implied powers. It is apparent, however, virtually every situation involving implied powers differs from the next, and the eventual scope of any agency’s recognized implied powers depends on a number of factors.