Regulation by Contractors: Delegation of Legislative Power to Private Entities in Texas

This article first summarizes the constitutional underpinnings of legislative power and the non-delegation doctrine. It also surveys the non-delegation doctrine’s provisions and its application, reviews the Texas Supreme Court’s and lower court’s recent application of the doctrine to the private entities. Furthermore, it analyzes the courts’ rational and considers the difference between the non-delegation doctrine’s application to government agencies and its application to private entities. Finally, the article suggests that a constitutional amendment could expressly authorize private entities to exercise legislative power.