reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter A. General Provisions › Section 2001.004. Requirement to Adopt Rules of Practice and Index Rules, Orders, and Decisions

Sec. 2001.004.  REQUIREMENT TO ADOPT RULES OF PRACTICE AND INDEX RULES, ORDERS, AND DECISIONS.  In addition to other requirements under law, a state agency shall:
(1)  adopt rules of practice stating the nature and requirements of all available formal and informal procedures;
(2)  index, cross-index to statute, and make available for public inspection all rules and other written statements of policy or interpretations that are prepared, adopted, or used by the agency in discharging its functions;  and
(3)  index, cross-index to statute, and make available for public inspection all final orders, decisions, and opinions.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter A. General Provisions › Section 2001.0045. Requirement for Rule Increasing Costs to Regulated Persons

Sec. 2001.0045.  REQUIREMENT FOR RULE INCREASING COSTS TO REGULATED PERSONS.  (a)  In this section, "state agency" means a department, board, commission, committee, council, agency, office, or other entity in the executive, legislative, or judicial branch of state government.  This term does not include an agency under the authority of an elected officer of this state.
(b)  A state agency rule proposal that contains more than one rule in a single rulemaking action is considered one rule for purposes of this section.  Except as provided by Subsection (c), a state agency may not adopt a proposed rule for which the fiscal note for the notice required by Section 2001.024 states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless on or before the effective date of the proposed rule the state agency:
(1)  repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or
(2)  amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the proposed rule.
(c)  This section does not apply to a rule that:
(1)  relates to state agency procurement;
(2)  is amended to:
(A)  reduce the burden or responsibilities imposed on regulated persons by the rule; or
(B)  decrease the persons' cost for compliance with the rule;
(3)  is adopted in response to a natural disaster;
(4)  is necessary to receive a source of federal funds or to comply with federal law;
(5)  is necessary to protect water resources of this state as authorized by the Water Code;
(6)  is necessary to protect the health, safety, and welfare of the residents of this state;
(7)  is adopted by the Department of Family and Protective Services, Texas Department of Motor Vehicles, Parks and Wildlife Department, Public Utility Commission of Texas, Texas Commission on Environmental Quality, or Texas Racing Commission;
(8)  is adopted by a self-directed semi-independent agency; or
(9)  is necessary to implement legislation, unless the legislature specifically states this section applies to the rule.
(d)  Each state agency that adopts a rule subject to this section shall comply with the requirements imposed by Subchapter B and Chapter 2002 for publication in the Texas Register.
Added by Acts 2017, 85th Leg., R.S., Ch. 819 (H.B. 1290), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1087 (H.B. 1896), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter A. General Provisions › Section 2001.005. Rule, Order, or Decision Not Effective Until Indexed

Sec. 2001.005.  RULE, ORDER, OR DECISION NOT EFFECTIVE UNTIL INDEXED.  (a)  A state agency rule, order, or decision made or issued on or after January 1, 1976, is not valid or effective against a person or party, and may not be invoked by an agency, until the agency has indexed the rule, order, or decision and made it available for public inspection as required by this chapter.
(b)  This section does not apply in favor of a person or party that has actual knowledge of the rule, order, or decision.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter A. General Provisions › Section 2001.006. Actions Preparatory to Implementation of Statute or Rule

Sec. 2001.006.  ACTIONS PREPARATORY TO IMPLEMENTATION OF STATUTE OR RULE.  (a)  In this section:
(1)  "State agency" means a department, board, commission, committee, council, agency, office, or other entity in the executive, legislative, or judicial branch of state government.  The term includes an institution of higher education as defined by Section 61.003, Education Code, and includes those entities excluded from the general definition of "state agency" under Section 2001.003(7).
(2)  Legislation is considered to have "become law" if it has been passed by the legislature and:
(A)  the governor has approved it;
(B)  the governor has filed it with the secretary of state, having neither approved nor disapproved it;
(C)  the time for gubernatorial action has expired under Section 14, Article IV, Texas Constitution, the governor having neither approved nor disapproved it;  or
(D)  the governor has disapproved it and the legislature has overridden the governor's disapproval in accordance with Section 14, Article IV, Texas Constitution.
(b)  In preparation for the implementation of legislation that has become law but has not taken effect, a state agency may adopt a rule or take other administrative action that the agency determines is necessary or appropriate and that the agency would have been authorized to take had the legislation been in effect at the time of the action.
(c)  In preparation for the implementation of a rule that has been finally adopted by a state agency but has not taken effect, a state agency may take administrative action that the agency determines is necessary or appropriate and that the agency would have been authorized to take had the rule been in effect at the time of the action.
(d)  A rule adopted under Subsection (b) may not take effect earlier than the legislation being implemented takes effect.  Administrative action taken under Subsection (b) or (c) may not result in implementation or enforcement of the applicable legislation or rule before the legislation or rule takes effect.
Added by Acts 1999, 76th Leg., ch. 558, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter A. General Provisions › Section 2001.007. Certain Explanatory Information Made Available Through Internet

Sec. 2001.007.  CERTAIN EXPLANATORY INFORMATION MADE AVAILABLE THROUGH INTERNET.  (a)  A state agency shall make available through a generally accessible Internet site:
(1)  the text of its rules;  and
(2)  any material, such as a letter, opinion, or compliance manual, that explains or interprets one or more of its rules and that the agency has issued for general distribution to persons affected by one or more of its rules.
(b)  A state agency shall design the generally accessible Internet site so that a member of the public may send questions about the agency's rules to the agency electronically and receive responses to the questions from the agency electronically.  If the agency's rules and the agency's explanatory and interpretive materials are made available at different Internet sites, both sites shall be designed in compliance with this subsection.
(c)  Repealed by Acts 2005, 79th Leg., Ch. 750, Sec. 2(a), eff. September 1, 2006.
(d)  A state agency may comply with this section through the actions of another agency, such as the secretary of state, on the agency's behalf.
Added by Acts 1999, 76th Leg., ch. 1233, Sec. 1, eff. June 18, 1999.  Renumbered from Sec. 2001.006 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(63), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 2(a), eff. September 1, 2006.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.021. Petition for Adoption of Rules

Sec. 2001.021.  PETITION FOR ADOPTION OF RULES.  (a)  An interested person by petition to a state agency may request the adoption of a rule.
(b)  A state agency by rule shall prescribe the form for a petition under this section and the procedure for its submission, consideration, and disposition. If a state agency requires signatures for a petition under this section, at least 51 percent of the total number of signatures required must be of residents of this state.
(c)  Not later than the 60th day after the date of submission of a petition under this section, a state agency shall:
(1)  deny the petition in writing, stating its reasons for the denial;  or
(2)  initiate a rulemaking proceeding under this subchapter.
(d)  For the purposes of this section, an interested person must be:
(1)  a resident of this state;
(2)  a business entity located in this state;
(3)  a governmental subdivision located in this state; or
(4)  a public or private organization located in this state that is not a state agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 343 (H.B. 763), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.022. Local Employment Impact Statements

Sec. 2001.022.  LOCAL EMPLOYMENT IMPACT STATEMENTS.  (a)  A state agency shall determine whether a rule may affect a local economy before proposing the rule for adoption.  If a state agency determines that a proposed rule may affect a local economy, the agency shall prepare a local employment impact statement for the proposed rule.  The impact statement must describe in detail the probable effect of the rule on employment in each geographic area affected by the rule for each year of the first five years that the rule will be in effect and may include other factors at the agency's discretion.
(b)  This section does not apply to the adoption of an emergency rule.
(c)  Failure to comply with this section does not impair the legal effect of a rule adopted under this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 871, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.0221. Government Growth Impact Statements

Sec. 2001.0221.  GOVERNMENT GROWTH IMPACT STATEMENTS.  (a)  A state agency shall prepare a government growth impact statement for a proposed rule.
(b)  A state agency shall reasonably describe in the government growth impact statement whether, during the first five years that the rule would be in effect:
(1)  the proposed rule creates or eliminates a government program;
(2)  implementation of the proposed rule requires the creation of new employee positions or the elimination of existing employee positions;
(3)  implementation of the proposed rule requires an increase or decrease in future legislative appropriations to the agency;
(4)  the proposed rule requires an increase or decrease in fees paid to the agency;
(5)  the proposed rule creates a new regulation;
(6)  the proposed rule expands, limits, or repeals an existing regulation;
(7)  the proposed rule increases or decreases the number of individuals subject to the rule's applicability; and
(8)  the proposed rule positively or adversely affects this state's economy.
(c)  The comptroller shall adopt rules to implement this section.  The rules must require that the government growth impact statement be in plain language.  The comptroller may prescribe a chart that a state agency may use to disclose the items required under Subsection (b).
(d)  Each state agency shall incorporate the impact statement into the notice required by Section 2001.024.
(e)  Failure to comply with this section does not impair the legal effect of a rule adopted under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 819 (H.B. 1290), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.023. Notice of Proposed Rule

Sec. 2001.023.  NOTICE OF PROPOSED RULE.  (a)  A state agency shall give at least 30 days' notice of its intention to adopt a rule before it adopts the rule.
(b)  A state agency shall file notice of the proposed rule with the secretary of state for publication in the Texas Register in the manner prescribed by Chapter 2002.
(c)  At the time a state agency files notice of a proposed rule under Subsection (b), the agency shall publish on the agency's Internet website a summary of the proposed rule written in plain language in both English and Spanish in accordance with Section 2054.116.
(d)  For purposes of Subsection (c), a summary is written in plain language if it uses language the general public, including individuals with limited English proficiency, can readily understand because the language is concise and well-organized.
(e)  Failure to publish a summary of a proposed rule in the manner required by Subsection (c) does not invalidate a rule adopted by a state agency or an action taken by the agency under that rule.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 802 (H.B. 1322), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 798 (H.B. 139), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.025. Effective Date of Notice

Sec. 2001.025.  EFFECTIVE DATE OF NOTICE.  Notice of a proposed rule becomes effective as notice when published in the Texas Register, except as provided by Section 2001.028.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.026. Notice to Persons Requesting Advance Notice of Proposed Rules

Sec. 2001.026.  NOTICE TO PERSONS REQUESTING ADVANCE NOTICE OF PROPOSED RULES.  A state agency shall mail notice of a proposed rule to each person who has made a timely written request of the agency for advance notice of its rulemaking proceedings.  Failure to mail the notice does not invalidate an action taken or rule adopted.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.0261. Notice to Certain Persons

Sec. 2001.0261.  NOTICE TO CERTAIN PERSONS.  (a)  This section applies only to a rule that is proposed to be adopted by a state agency under statutory authority that:
(1)  specifically authorizes the agency to adopt the rule; and
(2)  became law during the preceding four-year period.
(b)  A state agency shall provide, not later than the third day after the date the agency files notice with the secretary of state as required under Section 2001.023, notice of a proposed rule to the primary author and the primary sponsor of the legislation that enacted the statutory authority under which the proposed rule is to be adopted, if the primary author or primary sponsor is a current member of the legislature.
(c)  The state agency shall provide the notice required under Subsection (b) electronically to the person's designated Capitol e-mail address or to another e-mail address provided by the person to the agency for the purpose of receiving the notice.
(d)  Failure to provide the notice required under Subsection (b) does not invalidate a rule adopted by a state agency or an action taken by the agency under that rule.
Added by Acts 2023, 88th Leg., R.S., Ch. 798 (H.B. 139), Sec. 3, eff. June 13, 2023.
Sec. 2001.027.  WITHDRAWAL OF PROPOSED RULE.  A proposed rule is withdrawn six months after the date of publication of notice of the proposed rule in the Texas Register if a state agency has failed by that time to adopt, adopt as amended, or withdraw the proposed rule.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.028. Notice of Proposed Law Enforcement Rules

Sec. 2001.028.  NOTICE OF PROPOSED LAW ENFORCEMENT RULES.  Notice of the adoption of a proposed rule by the Commission on Jail Standards or the Texas Commission on Law Enforcement that affects a law enforcement agency of the state or of a political subdivision of the state is not effective until the notice is:
(1)  published as required by Section 2001.023; and
(2)  mailed to each law enforcement agency that may be affected by the proposed rule.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.35, eff. May 18, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.029. Public Comment

Sec. 2001.029.  PUBLIC COMMENT.  (a)  Before adopting a rule, a state agency shall give all interested persons a reasonable opportunity to submit data, views, or arguments, orally or in writing.
(b)  A state agency shall grant an opportunity for a public hearing before it adopts a substantive rule if a public hearing is requested by:
(1)  at least 25 persons;
(2)  a governmental subdivision or agency;  or
(3)  an association having at least 25 members.
(c)  A state agency shall consider fully all written and oral submissions about a proposed rule.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.030. Statement of Reasons for or Against Adoption

Sec. 2001.030.  STATEMENT OF REASONS FOR OR AGAINST ADOPTION.  On adoption of a rule, a state agency, if requested to do so by an interested person either before adoption or not later than the 30th day after the date of adoption, shall issue a concise statement of the principal reasons for and against its adoption.  The agency shall include in the statement its reasons for overruling the considerations urged against adoption.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.031. Informal Conferences and Advisory Committees

Sec. 2001.031.  INFORMAL CONFERENCES AND ADVISORY COMMITTEES.  (a)  A state agency may use an informal conference or consultation to obtain the opinions and advice of interested persons about contemplated rulemaking.
(b)  A state agency may appoint committees of experts or interested persons or representatives of the public to advise the agency about contemplated rulemaking.
(c)  The power of a committee appointed under this section is advisory only.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.032. Legislative Review

Sec. 2001.032.  LEGISLATIVE REVIEW.  (a)  Each house of the legislature by rule shall establish a process under which the presiding officer of each house refers each proposed state agency rule to the appropriate standing committee for review before the rule is adopted.
(b)  On receiving a written request from the lieutenant governor, a member of the legislature, or a legislative agency, the secretary of state shall provide the requestor with electronic notification of rulemaking filings by a state agency under Section 2001.023.
(c)  On the vote of a majority of its members, a standing committee may send to a state agency a statement supporting or opposing adoption of a proposed rule.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 906 (S.B. 791), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.033. State Agency Order Adopting Rule

Sec. 2001.033.  STATE AGENCY ORDER ADOPTING RULE.  (a)  A state agency order finally adopting a rule must include:
(1)  a reasoned justification for the rule as adopted consisting solely of:
(A)  a summary of comments received from parties interested in the rule that shows the names of interested groups or associations offering comment on the rule and whether they were for or against its adoption;
(B)  a summary of the factual basis for the rule as adopted which demonstrates a rational connection between the factual basis for the rule and the rule as adopted;  and
(C)  the reasons why the agency disagrees with party submissions and proposals;
(2)  a concise restatement of the particular statutory provisions under which the rule is adopted and of how the agency interprets the provisions as authorizing or requiring the rule;  and
(3)  a certification that the rule, as adopted, has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
(b)  Nothing in this section shall be construed to require additional analysis of alternatives not adopted by an agency beyond that required by Subdivision (1)(C) or to require the reasoned justification to be stated separately from the statements required in Subdivision (1).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 558, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.034. Emergency Rulemaking

Sec. 2001.034.  EMERGENCY RULEMAKING.  (a)  A state agency may adopt an emergency rule without prior notice or hearing, or with an abbreviated notice and a hearing that it finds practicable, if the agency:
(1)  finds that an imminent peril to the public health, safety, or welfare, or a requirement of state or federal law, requires adoption of a rule on fewer than 30 days' notice;  and
(2)  states in writing the reasons for its finding under Subdivision (1).
(b)  A state agency shall set forth in an emergency rule's preamble the finding required by Subsection (a).
(c)  A rule adopted under this section may be effective for not longer than 120 days and may be renewed once for not longer than 60 days.  An identical rule may be adopted under Sections 2001.023 and 2001.029.
(d)  A state agency shall file an emergency rule adopted under this section and the agency's written reasons for the adoption in the office of the secretary of state for publication in the Texas Register in the manner prescribed by Chapter 2002.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.035. Substantial Compliance Requirement; Time Limit on Procedural Challenge

Sec. 2001.035.  SUBSTANTIAL COMPLIANCE REQUIREMENT;  TIME LIMIT ON PROCEDURAL CHALLENGE.  (a)  A rule is voidable unless a state agency adopts it in substantial compliance with Sections 2001.0225 through 2001.034.
(b)  A person must initiate a proceeding to contest a rule on the ground of noncompliance with the procedural requirements of Sections 2001.0225 through 2001.034 not later than the second anniversary of the effective date of the rule.
(c)  A state agency substantially complies with the requirements of Section 2001.033 if the agency's reasoned justification demonstrates in a relatively clear and logical fashion that the rule is a reasonable means to a legitimate objective.
(d)  A mere technical defect that does not result in prejudice to a person's rights or privileges is not grounds for invalidation of a rule.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 558, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.036. Effective Date of Rules; Effect of Filing With Secretary of State

Sec. 2001.036.  EFFECTIVE DATE OF RULES;  EFFECT OF FILING WITH SECRETARY OF STATE.  (a)  A rule takes effect 20 days after the date on which it is filed in the office of the secretary of state, except that:
(1)  if a later date is required by statute or specified in the rule, the later date is the effective date;
(2)  if a state agency finds that an expedited effective date is necessary because of imminent peril to the public health, safety, or welfare, and subject to applicable constitutional or statutory provisions, a rule is effective immediately on filing with the secretary of state, or on a stated date less than 20 days after the filing date;  and
(3)  if a federal statute or regulation requires that a state agency implement a rule by a certain date, the rule is effective on the prescribed date.
(b)  A state agency shall file with its rule the finding described by Subsection (a)(2), if applicable, and a brief statement of the reasons for the finding.  The agency shall take appropriate measures to make emergency rules known to persons who may be affected by them.
(c)  A rule adopted as provided by Subsection (a)(3) shall be filed in the office of the secretary of state and published in the Texas Register.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter B. Rulemaking › Section 2001.037. Official Text of Rule

Sec. 2001.037.  OFFICIAL TEXT OF RULE.  If a conflict exists, the official text of a rule is the text on file with the secretary of state and not the text published in the Texas Register or on file with the issuing state agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 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 Fifteenth 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 459 (S.B. 1045), Sec. 1.10, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.