Delegations to Private Entities: The Application of the Boll Weevil Eight Factor Test

Abstract

This article examines the Texas Supreme Court’s application of the Boll Weevil eight factor balancing test to determine the constitutionality of a private delegation. The Texas Supreme Court determined in Texas Boll Weevil Education Found., Inc. v. Lewellen that the Texas Legislature’s delegation of power to a private entity violated the Texas Constitution’s Separation of Power’s clause. The author analyzes cases that were subject to the Boll Weevil test and concludes that the fears expressed after the Boll Weevil opinion was announced were probably overstated and that the Texas Legislature was quick to react and amended the statutes in question in the Boll Weevil case so the program can continue.