The Texas Constitution says that the power to make laws belongs to the legislature.
If state agencies are part of the executive department,
does their ability to make
regulations violate the separation of powers?
Courts say no.
“Because a legislative body would be hard pressed to
contend with every detail
involved in carrying out applicable laws, delegation of some legislative power is both necessary
and proper.” Texas Workers' Compensation Com'n v. Patient Advocates of Texas (2004).