reglab/housing_qa huggingface dataset:
TX Govt Code § 2001.038 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter B. Rulemaking|Section 2001.038. Declaratory Judgment

Sec. 2001.038.  DECLARATORY JUDGMENT.  (a)  The validity or applicability of a rule, including an emergency rule adopted under Section 2001.034, may be determined in an action for declaratory judgment if it is alleged that the rule or its threatened application interferes with or impairs, or threatens to interfere with or impair, a legal right or privilege of the plaintiff.(b)  The action may be brought only in a Travis County district court.(c)  The state agency must be made a party to the action.(d)  A court may render a declaratory judgment without regard to whether the plaintiff requested the state agency to rule on the validity or applicability of the rule in question.(e)  An action brought under this section may not be used to delay or stay a hearing in which a suspension, revocation, or cancellation of a license by a state agency is at issue before the agency after notice of the hearing has been given.(f)  A Travis County district court in which an action is brought under this section, on its own motion or the motion of any party, may request transfer of the action to the Court of Appeals for the Third Court of Appeals District if the district court finds that the public interest requires a prompt, authoritative determination of the validity or applicability of the rule in question and the case would ordinarily be appealed.  After filing of the district court's request with the court of appeals, transfer of the action may be granted by the court of appeals if it agrees with the findings of the district court concerning the application of the statutory standards to the action.  On entry of an order by the court of appeals granting transfer, the action is transferred to the court of appeals for decision, and the validity or applicability of the rule in question is subject to judicial review by the court of appeals.  The administrative record and the district court record shall be filed by the district clerk with the clerk of the court of appeals.  The court of appeals may direct the district court to conduct any necessary evidentiary hearings in connection with the action.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 894, Sec. 1, eff. Sept. 1, 1999.|
TX Govt Code § 2001.039 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter B. Rulemaking|Section 2001.039. Agency Review of Existing Rules

Sec. 2001.039.  AGENCY REVIEW OF EXISTING RULES.  (a)  A state agency shall review and consider for readoption each of its rules in accordance with this section.(b)  A state agency shall review a rule not later than the fourth anniversary of the date on which the rule takes effect and every four years after that date.  The adoption of an amendment to an existing rule does not affect the dates on which the rule must be reviewed except that the effective date of an amendment is considered to be the effective date of the rule if the agency formally conducts a review of the rule in accordance with this section as part of the process of adopting the amendment.(c)  The state agency shall readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.(d)  The procedures of this subchapter relating to the original adoption of a rule apply to the review of a rule and to the resulting repeal, readoption, or readoption with amendments of the rule, except as provided by this subsection.  Publishing the Texas Administrative Code citation to a rule under review satisfies the requirements of this subchapter relating to publishing the text of the rule unless the agency readopts the rule with amendments as a result of the review.(e)  A state agency's review of a rule must include an assessment of whether the reasons for initially adopting the rule continue to exist.|Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.11(a), eff. Sept. 1, 1999.|
TX Govt Code § 2001.040 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter B. Rulemaking|Section 2001.040. Scope and Effect of Order Invalidating Agency Rule

Sec. 2001.040.  SCOPE AND EFFECT OF ORDER INVALIDATING AGENCY RULE.  If a court finds that an agency has not substantially complied with one or more procedural requirements of Sections 2001.0225 through 2001.034, the court may remand the rule, or a portion of the rule, to the agency and, if it does so remand, shall provide a reasonable time for the agency to either revise or readopt the rule through established procedure.  During the remand period, the rule shall remain effective unless the court finds good cause to invalidate the rule or a portion of the rule, effective as of the date of the court's order.|Added by Acts 1999, 76th Leg., ch. 558, Sec. 4, eff. Sept. 1, 1999.  Renumbered from Sec. 2001.039 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(64), eff. Sept. 1, 2001.|
TX Govt Code § 2001.041 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter B. Rulemaking|Section 2001.041. Compliance With Law on Decentralization

Sec. 2001.041.  COMPLIANCE WITH LAW ON DECENTRALIZATION.  A state agency rule, order, or guide relating to decentralization of agency services or programs must include a statement of the manner in which the agency complied with Section 391.0091, Local Government Code.|Added by Acts 2003, 78th Leg., ch. 718, Sec. 2, eff. Sept. 1, 2003.|
TX Govt Code § 2001.051 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter C. Contested Cases: General Rights and Procedures|Section 2001.051. Opportunity for Hearing and Participation; Notice of Hearing

Sec. 2001.051.  OPPORTUNITY FOR HEARING AND PARTICIPATION;  NOTICE OF HEARING.  In a contested case, each party is entitled to an opportunity:(1)  for hearing after reasonable notice of not less than 10 days;  and(2)  to respond and to present evidence and argument on each issue involved in the case.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.052 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter C. Contested Cases: General Rights and Procedures|Section 2001.052. Contents of Notice

Sec. 2001.052.  CONTENTS OF NOTICE.  (a)  Notice of a hearing in a contested case must include:(1)  a statement of the time, place, and nature of the hearing;(2)  a statement of the legal authority and jurisdiction under which the hearing is to be held;(3)  a reference to the particular sections of the statutes and rules involved; and(4)  either:(A)  a short, plain statement of the factual matters asserted; or(B)  an attachment that incorporates by reference the factual matters asserted in the complaint or petition filed with the state agency.(b)  If a state agency or other party is unable to state factual matters in detail at the time notice under this section is served, an initial notice may be limited to a statement of the issues involved.  On timely written application, a more definite and detailed statement of the facts shall be furnished not less than seven days before the date set for the hearing.  In a proceeding in which the state agency has the burden of proof, a state agency that intends to rely on a section of a statute or rule not previously referenced in the notice of hearing must amend the notice, or the complaint or petition, if applicable, to refer to the section of the statute or rule not later than the seventh day before the date set for the hearing.  This subsection does not prohibit the state agency from filing an amendment during the hearing of a contested case provided the opposing party is granted a continuance of at least seven days to prepare its case on request of the opposing party.(c)  In a suit for judicial review of a final decision or order of a state agency in a contested case, the state agency's failure to comply with Subsection (a)(3) or (b) shall constitute prejudice to the substantial rights of the appellant under Section 2001.174(2) unless the court finds that the failure did not unfairly surprise and prejudice the appellant or that the appellant waived the appellant's rights.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 1, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 430 (S.B. 1446), Sec. 1, eff. September 1, 2017.|
TX Govt Code § 2001.053 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter C. Contested Cases: General Rights and Procedures|Section 2001.053. Right to Counsel

Sec. 2001.053.  RIGHT TO COUNSEL.  (a)  Each party to a contested case is entitled to the assistance of counsel before a state agency.(b)  A party may expressly waive the right to assistance of counsel.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.055 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter C. Contested Cases: General Rights and Procedures|Section 2001.055. Interpreters for Deaf or Hearing Impaired Parties and Witnesses

Sec. 2001.055.  INTERPRETERS FOR DEAF OR HEARING IMPAIRED PARTIES AND WITNESSES.  (a)  In a contested case, a state agency shall provide an interpreter whose qualifications are approved by the Texas Commission for the Deaf and Hard of Hearing to interpret the proceedings for a party or subpoenaed witness who is deaf or hearing impaired.(b)  In this section, "deaf or hearing impaired" means having a hearing impairment, whether or not accompanied by a speech impairment, that inhibits comprehension of the proceedings or communication with others.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 835, Sec. 18, eff. Sept. 1, 1995.|
TX Govt Code § 2001.056 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter C. Contested Cases: General Rights and Procedures|Section 2001.056. Informal Disposition of Contested Case

Sec. 2001.056.  INFORMAL DISPOSITION OF CONTESTED CASE.  Unless precluded by law, an informal disposition may be made of a contested case by:(1)  stipulation;(2)  agreed settlement;(3)  consent order;  or(4)  default.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.057 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter C. Contested Cases: General Rights and Procedures|Section 2001.057. Continuances

Sec. 2001.057.  CONTINUANCES.  (a)  A state agency may continue a hearing in a contested case from time to time and from place to place.(b)  The notice of the hearing must indicate the times and places at which the hearing may be continued.(c)  If a hearing is not concluded on the day it begins, a state agency shall, to the extent possible, proceed with the hearing on each subsequent working day until the hearing is concluded.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.059 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter C. Contested Cases: General Rights and Procedures|Section 2001.059. Transcript

Sec. 2001.059.  TRANSCRIPT.  (a)  On the written request of a party to a contested case, proceedings, or any part of the proceedings, shall be transcribed.(b)  A state agency may pay the cost of a transcript or may assess the cost to one or more parties.(c)  This chapter does not limit a state agency to a stenographic record of proceedings.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.060 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter C. Contested Cases: General Rights and Procedures|Section 2001.060. Record

Sec. 2001.060.  RECORD.  The record in a contested case includes:(1)  each pleading, motion, and intermediate ruling;(2)  evidence received or considered;(3)  a statement of matters officially noticed;(4)  questions and offers of proof, objections, and rulings on them;(5)  proposed findings and exceptions;(6)  each decision, opinion, or report by the officer presiding at the hearing;  and(7)  all staff memoranda or data submitted to or considered by the hearing officer or members of the agency who are involved in making the decision.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.061 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter C. Contested Cases: General Rights and Procedures|Section 2001.061. Ex Parte Consultations

Sec. 2001.061.  EX PARTE CONSULTATIONS.  (a)  Unless required for the disposition of an ex parte matter authorized by law, a member or employee of a state agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case may not directly or indirectly communicate in connection with an issue of fact or law with a state agency, person, party, or a representative of those entities, except on notice and opportunity for each party to participate.(b)  A state agency member may communicate ex parte with another member of the agency unless prohibited by other law.(c)  Under Section 2001.090, a member or employee of a state agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case may communicate ex parte with an agency employee who has not participated in a hearing in the case for the purpose of using the special skills or knowledge of the agency and its staff in evaluating the evidence.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.062 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter C. Contested Cases: General Rights and Procedures|Section 2001.062. Examination of Record by State Agency; Proposal for Decision

Sec. 2001.062.  EXAMINATION OF RECORD BY STATE AGENCY;  PROPOSAL FOR DECISION.  (a)  In a contested case, if a majority of the state agency officials who are to render a final decision have not heard the case or read the record, the decision, if adverse to a party other than the agency itself, may not be made until:(1)  a proposal for decision is served on each party;  and(2)  an opportunity is given to each adversely affected party to file exceptions and present briefs to the officials who are to render the decision.(b)  If a party files exceptions or presents briefs, an opportunity shall be given to each other party to file replies to the exceptions or briefs.(c)  A proposal for decision must contain a statement of the reasons for the proposed decision and of each finding of fact and conclusion of law necessary to the proposed decision.  The statement must be prepared by the individual who conducted the hearing or by one who has read the record.(d)  A proposal for decision may be amended in response to exceptions, replies, or briefs submitted by the parties without again being served on the parties.(e)  The parties by written stipulation may waive compliance with this section.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.081 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.081. Rules of Evidence

Sec. 2001.081.  RULES OF EVIDENCE.  The rules of evidence as applied in a nonjury civil case in a district court of this state shall apply to a contested case except that evidence inadmissible under those rules may be admitted if the evidence is:(1)  necessary to ascertain facts not reasonably susceptible of proof under those rules;(2)  not precluded by statute;  and(3)  of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.082 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.082. Exclusion of Evidence

Sec. 2001.082.  EXCLUSION OF EVIDENCE.  In a contested case, evidence that is irrelevant, immaterial, or unduly repetitious shall be excluded.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.083 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.083. Privilege

Sec. 2001.083.  PRIVILEGE.  In a contested case, a state agency shall give effect to the rules of privilege recognized by law.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.084 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.084. Objections to Evidence

Sec. 2001.084.  OBJECTIONS TO EVIDENCE.  An objection to an evidentiary offer in a contested case may be made and shall be noted in the record.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.085 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.085. Written Evidence

Sec. 2001.085.  WRITTEN EVIDENCE.  Subject to the requirements of Sections 2001.081 through 2001.084, any part of the evidence in a contested case may be received in writing if:(1)  a hearing will be expedited;  and(2)  the interests of the parties will not be substantially prejudiced.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.086 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.086. Documentary Evidence

Sec. 2001.086.  DOCUMENTARY EVIDENCE.  A copy or excerpt of documentary evidence may be received in a contested case if an original document is not readily available.  On request, a party shall be given an opportunity to compare the copy or excerpt with the original document.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.087 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.087. Cross-Examination

Sec. 2001.087.  CROSS-EXAMINATION.  In a contested case, a party may conduct cross-examination required for a full and true disclosure of the facts.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.088 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.088. Witnesses

Sec. 2001.088.  WITNESSES.  A state agency may swear witnesses and take their testimony under oath in connection with a contested case held under this chapter.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.089 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.089. Issuance of Subpoena

Sec. 2001.089.  ISSUANCE OF SUBPOENA.  On its own motion or on the written request of a party to a contested case pending before it, a state agency shall issue a subpoena addressed to the sheriff or to a constable to require the attendance of a witness or the production of books, records, papers, or other objects that may be necessary and proper for the purposes of a proceeding if:(1)  good cause is shown;  and(2)  an amount is deposited that will reasonably ensure payment of the amounts estimated to accrue under Section 2001.103.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2001.090 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2001 - Administrative Procedure|Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery|Section 2001.090. Official Notice; State Agency Evaluation of Evidence

Sec. 2001.090.  OFFICIAL NOTICE;  STATE AGENCY EVALUATION OF EVIDENCE.  (a)  In connection with a hearing held under this chapter, official notice may be taken of:(1)  all facts that are judicially cognizable;  and(2)  generally recognized facts within the area of the state agency's specialized knowledge.(b)  Each party shall be notified either before or during the hearing, or by reference in a preliminary report or otherwise, of the material officially noticed, including staff memoranda or information.(c)  Each party is entitled to be given an opportunity to contest material that is officially noticed.(d)  The special skills or knowledge of the state agency and its staff may be used in evaluating the evidence.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|