reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter A. General Provisions › Section 2007.001. Short Title

Sec. 2007.001.  SHORT TITLE.  This chapter may be cited as the Private Real Property Rights Preservation Act.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter A. General Provisions › Section 2007.002. Definitions

Sec. 2007.002.  DEFINITIONS.  In this chapter:
(1)  "Governmental entity" means:
(A)  a board, commission, council, department, or other agency in the executive branch of state government that is created by constitution or statute, including an institution of higher education as defined by Section 61.003, Education Code;  or
(B)  a political subdivision of this state.
(2)  "Owner" means a person with legal or equitable title to affected private real property at the time a taking occurs.
(3)  "Market value" means the price a willing buyer would pay a willing seller after considering all factors in the marketplace that influence the price of private real property.
(4)  "Private real property" means an interest in real property recognized by common law, including a groundwater or surface water right of any kind, that is not owned by the federal government, this state, or a political subdivision of this state.
(5)  "Taking" means:
(A)  a governmental action that affects private real property, in whole or in part or temporarily or permanently, in a manner that requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the United States Constitution or Section 17 or 19, Article I, Texas Constitution;  or
(B)  a governmental action that:
(i)  affects an owner's private real property that is the subject of the governmental action, in whole or in part or temporarily or permanently, in a manner that restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action;  and
(ii)  is the producing cause of a reduction of at least 25 percent in the market value of the affected private real property, determined by comparing the market value of the property as if the governmental action is not in effect and the market value of the property determined as if the governmental action is in effect.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter A. General Provisions › Section 2007.004. Waiver of Governmental Immunity; Permission to Sue

Sec. 2007.004.  WAIVER OF GOVERNMENTAL IMMUNITY;  PERMISSION TO SUE.  (a)  Sovereign immunity to suit and liability is waived and abolished to the extent of liability created by this chapter.
(b)  This section does not authorize a person to execute a judgment against property of the state or a governmental entity.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter A. General Provisions › Section 2007.005. Alternative Dispute Resolution

Sec. 2007.005.  ALTERNATIVE DISPUTE RESOLUTION.  Chapter 154, Civil Practice and Remedies Code, applies to a suit filed under this chapter.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter A. General Provisions › Section 2007.006. Cumulative Remedies

Sec. 2007.006.  CUMULATIVE REMEDIES.  (a)  The provisions of this chapter are not exclusive.  The remedies provided by this chapter are in addition to other procedures or remedies provided by law.
(b)  A person may not recover under this chapter and also recover under another law or in an action at common law for the same economic loss.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter B. Action to Determine Taking › Section 2007.021. Suit Against Political Subdivision

Sec. 2007.021.  SUIT AGAINST POLITICAL SUBDIVISION.  (a)  A private real property owner may bring suit under this subchapter to determine whether the governmental action of a political subdivision results in a taking under this chapter.  A suit under this subchapter must be filed in a district court in the county in which the private real property owner's affected property is located.  If the affected private real property is located in more than one county, the private real property owner may file suit in any county in which the affected property is located.
(b)  A suit under this subchapter must be filed not later than the 180th day after the date the private real property owner knew or should have known that the governmental action restricted or limited the owner's right in the private real property.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter B. Action to Determine Taking › Section 2007.022. Administrative Proceeding Against State Agency

Sec. 2007.022.  ADMINISTRATIVE PROCEEDING AGAINST STATE AGENCY.  (a)  A private real property owner may file a contested case with a state agency to determine whether a governmental action of the state agency results in a taking under this chapter.
(b)  A contested case must be filed with the agency not later than the 180th day after the date the private real property owner knew or should have known that the governmental action restricted or limited the owner's right in the private real property.
(c)  A contested case filed under this section is subject to Chapter 2001 except to the extent of a conflict with this subchapter.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter B. Action to Determine Taking › Section 2007.023. Entitlement to Invalidation of Governmental Action

Sec. 2007.023.  ENTITLEMENT TO INVALIDATION OF GOVERNMENTAL ACTION.  (a)  Whether a governmental action results in a taking is a question of fact.
(b)  If the trier of fact in a suit or contested case filed under this subchapter finds that the governmental action is a taking under this chapter, the private real property owner is only entitled to, and the governmental entity is only liable for, invalidation of the governmental action or the part of the governmental action resulting in the taking.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter B. Action to Determine Taking › Section 2007.024. Judgment or Final Decision or Order

Sec. 2007.024.  JUDGMENT OR FINAL DECISION OR ORDER.  (a)  The court's judgment in favor of a private real property owner under Section 2007.021 or a final decision or order issued under Section 2007.022 that determines that a taking has occurred shall order the governmental entity to rescind the governmental action, or the part of the governmental action resulting in the taking, as applied to the private real property owner not later than the 30th day after the date the judgment is rendered or the decision or order is issued.
(b)  The judgment or final decision or order shall include a fact finding that determines the monetary damages suffered by the private real property owner as a result of the taking.  The amount of damages is determined from the date of the taking.
(c)  A governmental entity may elect to pay the damages as compensation to the private real property owner who prevails in a suit or contested case filed under this subchapter.  Sovereign immunity to liability is waived to the extent the governmental entity elects to pay compensation under this subsection.
(d)  If a governmental entity elects to pay compensation to the private real property owner:
(1)  the court that rendered the judgment in the suit or the state agency that issued the final order or decision in the case shall withdraw the part of the judgment or final decision or order rescinding the governmental action;  and
(2)  the governmental entity shall pay to the owner the damages as determined in the judgment or final order not later than the 30th day after the date the judgment is rendered or the final decision or order is issued.
(e)  If the governmental entity does not pay compensation to the private real property owner as provided by Subsection (d), the court or the state agency shall reinstate the part of the judgment or final decision or order previously withdrawn.
(f)  A state agency that elects to pay compensation to the private real property owner shall pay the compensation from funds appropriated to the agency.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter B. Action to Determine Taking › Section 2007.025. Appeal

Sec. 2007.025.  APPEAL.  (a)  A person aggrieved by a judgment rendered in a suit filed under Section 2007.021 may appeal as provided by law.
(b)  A person who has exhausted all administrative remedies available within the state agency and is aggrieved by a final decision or order in a contested case filed under Section 2007.022 is entitled to judicial review under Chapter 2001.  Review by a court under this subsection is by trial de novo.
(c)  If a private real property owner prevails in a suit or contested case filed under this subchapter and the governmental entity appeals, the court or the state agency shall enjoin the governmental entity from invoking the governmental action or the part of the governmental action resulting in the taking, pending the appeal of the suit or contested case.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter B. Action to Determine Taking › Section 2007.026. Fees and Costs

Sec. 2007.026.  FEES AND COSTS.  (a)  The court or the state agency shall award a private real property owner who prevails in a suit or contested case filed under this subchapter reasonable and necessary attorney's fees and court costs.
(b)  The court or the state agency shall award a governmental entity that prevails in a suit or contested case filed under this subchapter reasonable and necessary attorney's fees and court costs.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter C. Requirements for Proposed Governmental Action › Section 2007.041. Guidelines

Sec. 2007.041.  GUIDELINES.  (a)  The attorney general shall prepare guidelines to assist governmental entities in identifying and evaluating those governmental actions described in Section 2007.003(a)(1) through (3) that may result in a taking.
(b)  The attorney general shall file the guidelines with the secretary of state for publication in the Texas Register in the manner prescribed by Chapter 2002.
(c)  The attorney general shall review the guidelines at least annually and revise the guidelines as necessary to ensure consistency with the actions of the legislature and the decisions of the United States Supreme Court and the supreme court of this state.
(d)  A person may make comments or suggestions or provide information to the attorney general concerning the guidelines.  The attorney general shall consider the comments, suggestions, and information in the annual review process required by this section.
(e)  Material provided to the attorney general under Subsection (d) is public information.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter C. Requirements for Proposed Governmental Action › Section 2007.042. Public Notice

Sec. 2007.042.  PUBLIC NOTICE.  (a)  A political subdivision that proposes to engage in a governmental action described in Section 2007.003(a)(1) through (3) that may result in a taking shall provide at least 30 days' notice of its intent to engage in the proposed action by providing a reasonably specific description of the proposed action in a notice published in a newspaper of general circulation published in the county in which affected private real property is located.  If a newspaper of general circulation is not published in that county, the political subdivision shall publish a notice in a newspaper of general circulation located in a county adjacent to the county in which affected private real property is located.  The political subdivision shall, at a minimum, include in the notice a reasonably specific summary of the takings impact assessment that was prepared as required by this subchapter and the name of the official of the political subdivision from whom a copy of the full assessment may be obtained.
(b)  A state agency that proposes to engage in a governmental action described in Section 2007.003(a)(1) or (2) that may result in a taking shall:
(1)  provide notice in the manner prescribed by Section 2001.023;  and
(2)  file with the secretary of state for publication in the Texas Register in the manner prescribed by Chapter 2002 a reasonably specific summary of the takings impact assessment that was prepared by the agency as required by this subchapter.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter C. Requirements for Proposed Governmental Action › Section 2007.043. Takings Impact Assessment

Sec. 2007.043.  TAKINGS IMPACT ASSESSMENT.  (a)  A governmental entity shall prepare a written takings impact assessment of a proposed governmental action described in Section 2007.003(a)(1) through (3) that complies with the evaluation guidelines developed by the attorney general under Section 2007.041 before the governmental entity provides the public notice required under Section 2007.042.
(b)  The takings impact assessment must:
(1)  describe the specific purpose of the proposed action and identify:
(A)  whether and how the proposed action substantially advances its stated purpose;  and
(B)  the burdens imposed on private real property and the benefits to society resulting from the proposed use of private real property;
(2)  determine whether engaging in the proposed governmental action will constitute a taking;  and
(3)  describe reasonable alternative actions that could accomplish the specified purpose and compare, evaluate, and explain:
(A)  how an alternative action would further the specified purpose;  and
(B)  whether an alternative action would constitute a taking.
(c)  A takings impact assessment prepared under this section is public information.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter C. Requirements for Proposed Governmental Action › Section 2007.044. Suit to Invalidate Governmental Action

Sec. 2007.044.  SUIT TO INVALIDATE GOVERNMENTAL ACTION.  (a)  A governmental action requiring a takings impact assessment is void if an assessment is not prepared.  A private real property owner affected by a governmental action taken without the preparation of a takings impact assessment as required by this subchapter may bring suit for a declaration of the invalidity of the governmental action.
(b)  A suit under this section must be filed in a district court in the county in which the private real property owner's affected property is located.  If the affected property is located in more than one county, the private real property owner may file suit in any county in which the affected property is located.
(c)  The court shall award a private real property owner who prevails in a suit under this section reasonable and necessary attorney's fees and court costs.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2007 - Governmental Action Affecting Private Property Rights › Subchapter C. Requirements for Proposed Governmental Action › Section 2007.045. Updating of Certain Assessments Required

Sec. 2007.045.  UPDATING OF CERTAIN ASSESSMENTS REQUIRED.  A state agency that proposes to adopt a governmental action described in Section 2007.003(a)(1) or (2) that may result in a taking as indicated by the takings impact assessment shall update the assessment if the action is not adopted before the 180th day after the date the notice is given as required by Section 2001.023.
Added by Acts 1995, 74th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2008 - Negotiated Rulemaking › Subchapter A. General Provisions › Section 2008.001. Short Title

Sec. 2008.001.  SHORT TITLE.  This chapter may be cited as the Negotiated Rulemaking Act.
Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2008 - Negotiated Rulemaking › Subchapter A. General Provisions › Section 2008.002. Definitions

Sec. 2008.002.  DEFINITIONS.  In this chapter:
(1)  "State agency" means an officer, board, commission, department, or other agency in the executive branch of state government with statewide jurisdiction that makes rules.  The term includes:
(A)  the attorney general;
(B)  an institution of higher education as defined by Section 61.003, Education Code;  and
(C)  the State Office of Administrative Hearings.
(2)  The terms "party," "person," and "rule" have the meanings assigned by Section 2001.003.
Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2008 - Negotiated Rulemaking › Subchapter A. General Provisions › Section 2008.003. Costs of Participating in Negotiated Rulemaking

Sec. 2008.003.  COSTS OF PARTICIPATING IN NEGOTIATED RULEMAKING.  (a)  A member of a negotiated rulemaking committee established under Subchapter B  is responsible for the member's own costs in serving on the committee, except as provided by Subsection (b).
(b)  The state agency that established the negotiated rulemaking committee may pay a member's technical assistance expenses and reasonable travel and per diem costs related to the member's service on the committee at the rate set in the General Appropriations Act for state employees and may provide a reasonable rate of compensation to the member if:
(1)  the member certifies that the member lacks sufficient financial resources to participate as a member of the committee;  and
(2)  the agency determines that the member's service on the committee is necessary for the adequate representation of an affected interest.
(c)  The state agency that established the negotiated rulemaking committee shall provide appropriate administrative support to the committee.
Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2008 - Negotiated Rulemaking › Subchapter B. Procedures for Negotiated Rulemaking › Section 2008.051. Authority for Negotiated Rulemaking

Sec. 2008.051.  AUTHORITY FOR NEGOTIATED RULEMAKING.  A state agency may engage in negotiated rulemaking to assist it in drafting a proposed rule by following the procedures prescribed by this chapter.
Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2008 - Negotiated Rulemaking › Subchapter B. Procedures for Negotiated Rulemaking › Section 2008.052. Appointment and Duties of Convener

Sec. 2008.052.  APPOINTMENT AND DUTIES OF CONVENER.  (a)  A state agency that proposes to engage in negotiated rulemaking shall appoint a convener to assist the agency in determining whether it is advisable to proceed.
(b)  The state agency may appoint an agency employee or contract with another individual to serve as the convener.  The convener may not have a financial or other interest in the outcome of the rulemaking process that would interfere with the person's impartial and unbiased service as the convener.
(c)  The convener shall assist the agency in identifying persons who are likely to be affected by the proposed rule, including persons who oppose the issuance of a rule.  The convener shall discuss with those persons or their representatives:
(1)  whether they are willing to participate in negotiated rulemaking;
(2)  whether the agency should engage in negotiated rulemaking to develop the proposed rule;
(3)  which issues that a negotiated rulemaking committee should address;  and
(4)  whether there are other persons the convener needs to identify who may be affected by the proposed rule.
(d)  The convener shall then recommend to the agency whether negotiated rulemaking is a feasible method to develop the proposed rule and shall report to the agency on the relevant considerations, including:
(1)  the number of identifiable interests that would be significantly affected by the proposed rule;
(2)  the probability that those interests would be adequately represented in a negotiated rulemaking;
(3)  the probable willingness and authority of the representatives of affected interests to negotiate in good faith;
(4)  the probability that a negotiated rulemaking committee would reach a unanimous or a suitable general consensus on the proposed rule;
(5)  the probability that negotiated rulemaking will not unreasonably delay notice and eventual adoption of the proposed rule;
(6)  the adequacy of agency and citizen resources to participate in negotiated rulemaking;
(7)  the probability that the negotiated rulemaking committee will provide a balanced representation between public and regulated interests;  and
(8)  the willingness of the agency to accept the consensus of a negotiated rulemaking committee as the basis for the proposed rule.
Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2008 - Negotiated Rulemaking › Subchapter B. Procedures for Negotiated Rulemaking › Section 2008.053. Notice Requirements for Negotiated Rulemakings

Sec. 2008.053.  NOTICE REQUIREMENTS FOR NEGOTIATED RULEMAKINGS.  (a)  After considering the convener's recommendation and report, a state agency that intends to engage in negotiated rulemaking shall publish timely notice of its intent in appropriate media and file timely notice of its intent with the secretary of state for publication in the Texas Register.  The notice must include:
(1)  a statement that the agency intends to engage in negotiated rulemaking;
(2)  a description of the subject and scope of the rule to be developed;
(3)  a description of the known issues to be considered in developing the rule;
(4)  a list of the interests that are likely to be affected by the proposed rule;
(5)  a list of the individuals the agency proposes to appoint to the negotiated rulemaking committee to represent the agency and affected interests;
(6)  a request for comments on the proposal to engage in negotiated rulemaking and on the proposed membership of the negotiated rulemaking committee;  and
(7)  a description of the procedure through which a person who will be significantly affected by the proposed rule may, before the agency establishes the negotiated rulemaking committee, apply to the agency for membership on the committee or nominate another to represent the person's interests on the committee.
(b)  A state agency that intends to proceed with the rulemaking process after receiving the report of the negotiated rulemaking committee shall announce in a statement accompanying the notice of a proposed rule required by Subchapter B, Chapter 2001, that:
(1)  negotiated rulemaking was used in developing the proposed rule;  and
(2)  the report of the negotiated rulemaking committee is public information and the location at which the report is available to the public.
Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2008 - Negotiated Rulemaking › Subchapter B. Procedures for Negotiated Rulemaking › Section 2008.054. Appointment and Duration of Negotiated Rulemaking Committee

Sec. 2008.054.  APPOINTMENT AND DURATION OF NEGOTIATED RULEMAKING COMMITTEE.  (a)  After considering comments it receives in response to the notice of proposed negotiated rulemaking, a state agency that intends to proceed shall establish a negotiated rulemaking committee and appoint the members of the committee.
(b)  A state agency shall consider the appropriate balance between representatives of affected interests in appointing the negotiated rulemaking committee.
(c)  The state agency shall appoint individuals to the committee to represent the agency and appoint other individuals to the committee to represent the interests identified by the agency that are likely to be affected by the proposed rule.  Article 6252-33, Revised Statutes, does not apply to the size or composition of the committee or to the agency's ability to reimburse expenses of committee members under Section 2008.003(b).
(d)  The committee is automatically abolished on the adoption of the proposed rule, unless the committee or the state agency after consulting the committee specifies an earlier abolition date.
Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2008 - Negotiated Rulemaking › Subchapter B. Procedures for Negotiated Rulemaking › Section 2008.055. Appointment of Facilitator

Sec. 2008.055.  APPOINTMENT OF FACILITATOR.  (a)  Concurrently with its establishment of the negotiated rulemaking committee, a state agency shall appoint a facilitator.  The agency may appoint an agency employee, subject to Subdivision (b)(3), or contract with another state employee or private individual to serve as the facilitator.  The agency's appointment of the facilitator is subject to the approval of the negotiated rulemaking committee and the facilitator serves at the will of the committee.
(b)  The facilitator:
(1)  must possess the qualifications required for an impartial third party under Section 154.052(a) and (b), Civil Practice and Remedies Code;
(2)  is subject to the standards and duties prescribed by Section 154.053(a) and (b), Civil Practice and Remedies Code, and has the qualified immunity prescribed by Section 154.055, Civil Practice and Remedies Code, if applicable;
(3)  shall not be the person designated to represent the agency on the negotiated rulemaking committee on substantive issues related to the rulemaking;  and
(4)  shall not have a financial or other interest in the outcome of the rulemaking process that would interfere with the person's impartial and unbiased service as the facilitator.
Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2008 - Negotiated Rulemaking › Subchapter B. Procedures for Negotiated Rulemaking › Section 2008.056. Duties of Negotiated Rulemaking Committee and Facilitator

Sec. 2008.056.  DUTIES OF NEGOTIATED RULEMAKING COMMITTEE AND FACILITATOR.  (a)  The facilitator shall preside over meetings of the negotiated rulemaking committee and assist the members of the committee:
(1)  to establish procedures for conducting negotiations;  and
(2)  to discuss, negotiate, mediate, and employ other appropriate alternative dispute resolution processes to arrive at a consensus on the proposed rule.
(b)  It is presumed that the committee has reached a consensus on a matter only if the consensus is unanimous, unless the committee unanimously:
(1)  agrees to define a consensus to mean a general rather than a unanimous consensus;  or
(2)  agrees to define the term in another manner.
(c)  The facilitator shall encourage the members of the committee to reach a consensus but may not compel or coerce the members to do so.
(d)  At the conclusion of the negotiations, the committee shall send a written report to the agency that:
(1)  contains the text of the proposed rule, if the committee reached a consensus on the proposed rule;  or
(2)  specifies the issues on which the committee reached consensus, the issues that remain unsolved, and any other information, recommendations, or materials that the committee considers important, if the committee did not reach a consensus on the proposed rule.
Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2008 - Negotiated Rulemaking › Subchapter B. Procedures for Negotiated Rulemaking › Section 2008.057. Confidentiality of Certain Records and Communications

Sec. 2008.057.  CONFIDENTIALITY OF CERTAIN RECORDS AND COMMUNICATIONS.  (a)  Sections 154.053 and 154.073, Civil Practice and Remedies Code, apply to the communications, records, conduct, and demeanor of the facilitator and the members of the negotiated rulemaking committee as if the negotiated rulemaking were a dispute being resolved in accordance with Chapter 154, Civil Practice and Remedies Code.
(b)  In the negotiated rulemaking context the attorney general, subject to review by a Travis County district court, decides in accordance with Section 154.073(d), Civil Practice and Remedies Code, whether a communication or material subject to Section 154.073(d) is confidential, excepted from required disclosure, or subject to required disclosure.
(c)  Notwithstanding Section 154.073(e), Civil Practice and Remedies Code:
(1)  a private communication and a record of a private communication between a facilitator and a member or members of the committee are confidential and may not be disclosed unless the member or members of the committee, as appropriate, consent to the disclosure;  and
(2)  the notes of a facilitator are confidential except to the extent that the notes consist of a record of a communication with a member of the committee who has consented to disclosure in accordance with Subdivision (1).
(d)  The report and recommendations of a convener and a negotiating committee are public information and available on request to any member of the public.
Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1352, Sec. 4, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2008 - Negotiated Rulemaking › Subchapter B. Procedures for Negotiated Rulemaking › Section 2008.058. Administrative Procedure Act Requirements Unaffected

Sec. 2008.058.  ADMINISTRATIVE PROCEDURE ACT REQUIREMENTS UNAFFECTED.  (a)  This chapter does not affect the rulemaking requirements prescribed by Chapter 2001.
(b)  A state agency that intends to proceed with the rulemaking process after receiving the report of the negotiated rulemaking committee shall proceed in accordance with the requirements prescribed by Subchapter B, Chapter 2001.
Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2009 - Alternative Dispute Resolution for Use by Governmental Bodies › Subchapter A. General Provisions › Section 2009.001. Short Title

Sec. 2009.001.   SHORT TITLE.  This chapter may be cited as the Governmental Dispute Resolution Act.
Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Government Code Sec. 2008.001 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999.  Renumbered from Government Code Sec. 2008.001 by Acts 1999, 76th Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2009 - Alternative Dispute Resolution for Use by Governmental Bodies › Subchapter A. General Provisions › Section 2009.002. Policy

Sec. 2009.002.   POLICY.  It is the policy of this state that disputes before governmental bodies be resolved as fairly and expeditiously as possible and that each governmental body support this policy by developing and using alternative dispute resolution procedures in appropriate aspects of the governmental body's operations and programs.
Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Government Code Sec. 2008.002 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999.  Renumbered from Government Code Sec. 2008.002 and amended by Acts 1999, 76th Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2009 - Alternative Dispute Resolution for Use by Governmental Bodies › Subchapter A. General Provisions › Section 2009.003. Definitions

Sec. 2009.003.   DEFINITIONS.  In this chapter:
(1)  "Alternative dispute resolution procedure" includes:
(A)  a procedure described by Chapter 154, Civil Practice and Remedies Code;  and
(B)  a combination of the procedures described by Chapter 154, Civil Practice and Remedies Code.
(2)  "Governmental body" has the meaning assigned by Section 552.003.
(3)  "State agency" means an officer, board, commission, department, or other agency in the executive branch of state government with statewide jurisdiction that makes rules or determines contested cases.  The term includes:
(A)  the attorney general;
(B)  an institution of higher education as defined by Section 61.003, Education Code;  and
(C)  the State Office of Administrative Hearings.
(4)  The following terms have the meanings assigned by Section 2001.003:
(A)  "contested case";
(B)  "party";
(C)  "person";  and
(D)  "rule."
Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Government Code Sec. 2008.003 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999.  Renumbered from Government Code Sec. 2008.003 and amended by Acts 1999, 76th Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2009 - Alternative Dispute Resolution for Use by Governmental Bodies › Subchapter A. General Provisions › Section 2009.004. Contracts; Budgeting for Costs

Sec. 2009.004.   CONTRACTS;  BUDGETING FOR COSTS.  (a)  A governmental body may pay for costs necessary to meet the objectives of this chapter, including reasonable fees for training, policy review, system design, evaluation, and the use of impartial third parties.
(b)  To the extent allowed by the General Appropriations Act, a state agency may use money budgeted for legal services, executive administration, or any other appropriate aspect of the state agency's operations to pay for costs incurred under Subsection (a).
(c)  A governmental body may contract with another governmental body, including the Center for Public Policy Dispute Resolution at The University of Texas School of Law, with an alternative dispute resolution system created under Chapter 152, Civil Practice and Remedies Code, or with a private entity for any service necessary to meet the objectives of this chapter.
Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Government Code Sec. 2008.004 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999.  Renumbered from Government Code Sec. 2008.004 and amended by Acts 1999, 76th Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2009 - Alternative Dispute Resolution for Use by Governmental Bodies › Subchapter A. General Provisions › Section 2009.005. Sovereign Immunity

Sec. 2009.005.   SOVEREIGN IMMUNITY.  (a)  This chapter does not waive immunity from suit and does not affect a waiver of immunity from suit contained in other law.
(b)  The state's sovereign immunity under the Eleventh Amendment to the United States Constitution is not waived by this chapter.
(c)  Nothing in this chapter authorizes binding arbitration as a method of alternative dispute resolution.
Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Government Code Sec. 2008.005 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999.  Renumbered from Government Code Sec. 2008.005 by Acts 1999, 76th Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2009 - Alternative Dispute Resolution for Use by Governmental Bodies › Subchapter B. Alternative Dispute Resolution › Section 2009.051. Development and Use of Procedures

Sec. 2009.051.   DEVELOPMENT AND USE OF PROCEDURES.  (a)  Each governmental body may develop and use alternative dispute resolution procedures.  Alternative dispute resolution procedures developed and used by a governmental body must be consistent with Chapter 154, Civil Practice and Remedies Code.
(b)  Alternative dispute resolution procedures developed and used by a state agency also must be consistent with the administrative procedure law, Chapter 2001.  The State Office of Administrative Hearings may issue model guidelines for the use of alternative dispute resolution procedures by state agencies.
(c)  If a state agency that is subject to Chapter 2001 adopts an alternative dispute resolution procedure, it may do so by rule.
Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Government Code Sec. 2008.051 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999.  Renumbered from Government Code Sec. 2008.051 and amended by Acts 1999, 76th Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2009 - Alternative Dispute Resolution for Use by Governmental Bodies › Subchapter B. Alternative Dispute Resolution › Section 2009.052. Supplemental Nature of Procedures

Sec. 2009.052.   SUPPLEMENTAL NATURE OF PROCEDURES.  (a)  Alternative dispute resolution procedures developed and used under this chapter supplement and do not limit other dispute resolution procedures available for use by a governmental body.
(b)  This chapter may not be applied in a manner that denies a person a right granted under other state or federal law or under a local charter, ordinance, or other similar provision, including a right to an administrative or judicial hearing.
Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Government Code Sec. 2008.052 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999.  Renumbered from Government Code Sec. 2008.052 and amended by Acts 1999, 76th Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2009 - Alternative Dispute Resolution for Use by Governmental Bodies › Subchapter B. Alternative Dispute Resolution › Section 2009.053. Impartial Third Parties

Sec. 2009.053.   IMPARTIAL THIRD PARTIES.  (a)  A governmental body may appoint a governmental officer or employee or a private individual to serve as an impartial third party in an alternative dispute resolution procedure.  The governmental body's appointment of the impartial third party is subject to the approval of the parties, except:
(1)  that when a State Office of Administrative Hearings administrative law judge has issued an order referring a case involving a state agency to an alternative dispute resolution procedure under Section 2003.042(a)(5), the administrative law judge may appoint the impartial third party for the parties if they cannot agree on an impartial third party within a reasonable period; or
(2)  for a victim-offender mediation by the Texas Department of Criminal Justice as described in Article 56A.602, Code of Criminal Procedure.
(b)  A governmental body also may obtain the services of a qualified impartial third party through an agreement with the Center for Public Policy Dispute Resolution at The University of Texas School of Law, an alternative dispute resolution system created under Chapter 152, Civil Practice and Remedies Code, another governmental body, or a federal agency or through a pooling agreement with several governmental bodies. The agreements may provide that the using governmental body or the parties will reimburse the furnishing entity, in kind or monetarily, for the full or partial cost of providing the qualified impartial third party.
(c)  A state agency may also obtain the services of a qualified third party through an agreement with the State Office of Administrative Hearings.
(d)  The impartial third party must possess the qualifications required under Section 154.052, Civil Practice and Remedies Code.  The impartial third party is subject to the standards and duties prescribed by Section 154.053, Civil Practice and Remedies Code, and has the qualified immunity prescribed by Section 154.055, Civil Practice and Remedies Code, if applicable.
Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Government Code Sec. 2008.053 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999.  Renumbered from Government Code Sec. 2008.053 and amended by Acts 1999, 76th Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1034, Sec. 11, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.52, eff. January 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2009 - Alternative Dispute Resolution for Use by Governmental Bodies › Subchapter B. Alternative Dispute Resolution › Section 2009.054. Confidentiality of Certain Records and Communications

Sec. 2009.054.   CONFIDENTIALITY OF CERTAIN RECORDS AND COMMUNICATIONS.  (a)  Sections 154.053 and 154.073, Civil Practice and Remedies Code, apply to the communications, records, conduct, and demeanor of the impartial third party and the parties.
(b)  Notwithstanding Section 154.073(e), Civil Practice and Remedies Code:
(1)  a communication relevant to the dispute, and a record of the communication, made between an impartial third party and the parties to the dispute or between the parties to the dispute during the course of an alternative dispute resolution procedure are confidential and may not be disclosed unless all parties to the dispute consent to the disclosure;  and
(2)  the notes of an impartial third party are confidential except to the extent that the notes consist of a record of a communication with a party and all parties have consented to disclosure in accordance with Subdivision (1).
(c)  Subsection (b)(1) does not apply to a final written agreement to which a governmental body is a signatory that is reached as a result of a dispute resolution procedure conducted under this chapter.  Information in the final written agreement is subject to required disclosure, is excepted from required disclosure, or is confidential in accordance with Chapter 552 and other law.
(d)  An impartial third party may not be required to testify in any proceedings relating to or arising out of the matter in dispute.
Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Government Code Sec. 2008.054 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999.  Renumbered from Government Code Sec. 2008.054 and amended by Acts 1999, 76th Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2009 - Alternative Dispute Resolution for Use by Governmental Bodies › Subchapter B. Alternative Dispute Resolution › Section 2009.055. Sharing of Information; Consistency of Procedures

Sec. 2009.055.   SHARING OF INFORMATION;  CONSISTENCY OF PROCEDURES.  (a)  A governmental body may share the results of its alternative dispute resolution program with other governmental bodies and with the Center for Public Policy Dispute Resolution at The University of Texas School of Law.  The center may collect and analyze the information and report its conclusions and useful information to governmental bodies and the legislature.
(b)  Governmental bodies should, to the extent feasible given differences in their purpose, jurisdiction, and constituency, adopt policies and procedures for alternative dispute resolution that are consistent with the policies and procedures of other governmental bodies.
Added by Acts 1997, 75th Leg., ch. 934, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Government Code Sec. 2008.055 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(55), eff. Sept. 1, 1999.  Renumbered from Government Code Sec. 2008.055 and amended by Acts 1999, 76th Leg., ch. 1352, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle B - Information and Planning › Chapter 2051 - Government Documents, Publications, and Notices › Subchapter A. Official Seals › Section 2051.001. Adoption of Seal

Sec. 2051.001.  ADOPTION OF SEAL.  A commission or board created by state law and a commissioner whose office is created by state law may adopt a seal with which to attest an official document, certificate, or other written paper.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.