reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2002 - Texas Register and Administrative Code › Subchapter A. General Provisions › Section 2002.002. Purpose

Sec. 2002.002.  PURPOSE.  It is the public policy of this state to provide adequate and proper public notice of proposed state agency rules and state agency actions through publication of a state 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 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.011. Texas Register

Sec. 2002.011.  TEXAS REGISTER.  The secretary of state shall compile, index, cross-index to statute, and publish a publication to be known as the Texas Register.  The register shall contain:
(1)  notices of proposed rules issued and filed in the office of the secretary of state as provided by Subchapter B  of Chapter 2001;
(2)  the text of rules adopted and filed in the office of the secretary of state;
(3)  notices of open meetings issued and filed in the office of the secretary of state as provided by law;
(4)  executive orders issued by the governor;
(5)  summaries of requests for opinions of the attorney general and of the Texas Ethics Commission;
(6)  summaries of opinions of the attorney general and of the Texas Ethics Commission;
(7)  guidelines prepared by the attorney general under Section 2007.041;
(8)  notices relating to the preparation of takings impact assessments as provided by Section 2007.043;  and
(9)  other information of general interest to the public of this state, including:
(A)  federal legislation or regulations affecting the state or a state agency;  and
(B)  state agency organizational and personnel changes.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 517, Sec. 2, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1134, Sec. 16, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.012. Summaries of Opinions and Requests for Opinions

Sec. 2002.012.  SUMMARIES OF OPINIONS AND REQUESTS FOR OPINIONS.  The attorney general or the Texas Ethics Commission, as appropriate, shall prepare and forward to the secretary of state for publication in the Texas Register:
(1)  summaries of requests for opinions under Section 2002.011(5);  and
(2)  summaries of opinions under Section 2002.011(6).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1134, Sec. 16, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.013. Frequency of Publication

Sec. 2002.013.  FREQUENCY OF PUBLICATION.  The secretary of state shall publish the Texas Register at regular intervals, but not less often than 52 times each calendar year.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 502, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.014. Omission of Information

Sec. 2002.014.  OMISSION OF INFORMATION.  The secretary of state may omit information from the Texas Register if:
(1)  the secretary determines that publication of the information would be cumbersome, expensive, or otherwise inexpedient;
(2)  on application to the adopting state agency, the information is made available in printed or processed form by the agency;  and
(3)  the register contains a notice stating the general subject matter of the information and the manner in which a copy of it may be obtained.
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 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.015. Distribution

Sec. 2002.015.  DISTRIBUTION.  (a)  On request, the secretary of state shall make one copy of each issue of the Texas Register available without charge to:
(1)  each board, commission, and department with statewide jurisdiction;
(2)  the governor;
(3)  the lieutenant governor;
(4)  the attorney general;
(5)  each member and each standing committee of the legislature;
(6)  each county judge or each county clerk;
(7)  each library of a public university;
(8)  one public library in each municipality that has a public library;  and
(9)  each court of appeals.
(b)  The secretary of state shall make copies of the Texas Register available to other persons for a reasonable fee to be fixed by the secretary.
(c)  If the secretary of state determines that an entity requesting the Texas Register under Subsection (a) possesses computer and telecommunications equipment that allows the entity to access the Texas Register through the Internet or through an electronic bulletin board, the secretary may comply with Subsection (a) by providing the Texas Register to the entity at no charge through the Internet or through an electronic bulletin board, as applicable.
(d)  The secretary of state shall determine whether making the Texas Register available without charge under Subsection (a) results in a revenue shortfall.  If there is a shortfall, the secretary of state shall request an appropriation in that amount in the secretary's legislative appropriations request for the next state fiscal biennium for the purpose of complying with Subsection (a).  If the secretary of state does not receive an appropriation for that next state fiscal biennium of an amount necessary to cover the secretary's costs in complying with Subsection (a), the secretary may, beginning with the first day of the biennium, charge a subscription fee to entities requesting the Texas Register under Subsection (a) in an amount that will cover the secretary's revenue shortfall in complying with Subsection (a).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 455, Sec. 5, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.0151. Electronic Availability of Texas Register

Sec. 2002.0151.  ELECTRONIC AVAILABILITY OF TEXAS REGISTER.  (a)  Subject to Subsection (e), the secretary of state:
(1)  shall make the full text of the Texas Register available to the public through the Internet at no charge;  and
(2)  may make the full text of the Texas Register available on an electronic bulletin board at no charge.
(b)  An edition of the Texas Register that is made available through the Internet or an electronic bulletin board operated by the secretary of state must be made available not later than the date of the edition.
(c)  If the secretary of state does not make the full text of the Texas Register available on an electronic bulletin board, the secretary of state shall, on the request of one or more agencies that operate an electronic bulletin board, make the full text of the Texas Register available to at least one requesting agency for posting on that agency's electronic bulletin board until the secretary of state begins operating an electronic bulletin board.
(d)  The secretary of state may electronically provide to the public specialized value-added services related to the Texas Register such as clipping services or subscription services at the market price for the services.
(e)  The secretary of state shall determine whether making the Texas Register available on the Internet at no charge and on an electronic bulletin board at no charge, as provided by this section, results in a revenue shortfall that is not covered by the sale of value-added services as provided by Subsection (d).  The secretary of state shall report any shortfall attributed to the free Internet and electronic bulletin board services to the Legislative Budget Board in its biennial budget.  If a shortfall occurs, the secretary shall also request the appropriation of funds for the next biennial budget in the amount of the shortfall to continue the Internet and electronic bulletin board services at no charge.  If the requested funds are not appropriated, the secretary of state may, at the beginning of the next state fiscal year, charge user fees for the Internet and electronic bulletin board services in an amount that will compensate the secretary of state for the revenue shortfall.
Added by Acts 1995, 74th Leg., ch. 455, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.016. Filing Procedures

Sec. 2002.016.  FILING PROCEDURES.  (a)  To file a document for publication in the Texas Register, a state agency shall, during normal working hours:
(1)  deliver to the office of the secretary of state two certified copies of the document for filing;  or
(2)  send to the secretary of state over dedicated cable or commercial lines between word or data processors one copy of the document to be filed and deliver to the office of the secretary a letter of certification that is signed by the agency's designated certifying agent and liaison and that contains a statement specifying the type of information electronically sent.
(b)  On receipt of a document required to be filed in the office of the secretary of state and published in the Texas Register, the secretary shall note the day and hour of filing on the certified copies of the document or on the letter of certification.
(c)  One copy of each filed document shall be maintained in original form or on microfilm in a permanent register in the office of the secretary of state.
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 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.017. Rules

Sec. 2002.017.  RULES.  (a)  The secretary of state may adopt rules to ensure the effective administration of this subchapter, including rules prescribing paper size and the format of documents required to be filed for publication.
(b)  The secretary of state may refuse to accept for filing and publication a document that does not substantially conform to the rules.
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 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.018. Microfilm and Electronic Storage

Sec. 2002.018.  MICROFILM AND ELECTRONIC STORAGE.  The secretary of state may maintain on microfilm or on an electronic storage and retrieval system the files of state agency rules and other information required to be published in the Texas Register.  After microfilming or electronically storing the information, the secretary may destroy the original copies of the information submitted for publication.
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 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.019. Table of Contents; Index

Sec. 2002.019.  TABLE OF CONTENTS;  INDEX.  (a)  Each issue of the Texas Register must contain a table of contents.
(b)  A cumulative index to all information required to be published in the Texas Register during the previous year shall be published at least once each year.
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 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.020. Certification

Sec. 2002.020.  CERTIFICATION.  An official of a submitting state agency who is authorized to certify documents of the agency must certify each document that is filed with the secretary of state for publication.
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 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.021. Agency Liaison

Sec. 2002.021.  AGENCY LIAISON.  A state agency shall designate at least one individual to act as a liaison through whom all required documents may be submitted to the secretary of state for filing and publication.
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 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.022. Evidentiary Value of Texas Register; Citation

Sec. 2002.022.  EVIDENTIARY VALUE OF TEXAS REGISTER;  CITATION.  (a)  The contents of the Texas Register are to be judicially noticed and are prima facie evidence of the text of the documents and of the fact that they are in effect on and after the date of the notation.
(b)  Without prejudice to another mode of citation, the contents of the Texas Register may be cited by volume and page number.
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 2002 - Texas Register and Administrative Code › Subchapter B. Texas Register › Section 2002.023. Exceptions

Sec. 2002.023.  EXCEPTIONS.  This subchapter does not apply to:
(1)  a suspension, revocation, cancellation, denial, or disqualification of a driver's license or commercial driver's license as authorized by:
(A)  Subchapter N, Chapter 521, Transportation Code, except Sections 521.304 and 521.305 of that subchapter, or by Subchapter O or P of that chapter;
(B)  Chapter 522, Transportation Code;
(C)  Chapter 601, Transportation Code;
(D)  Chapter 724, Transportation Code; or
(E)  Article 42A.406 or 42A.407, Code of Criminal Procedure;
(2)  matters related solely to the internal personnel rules and practices of a state agency;
(3)  the Texas Workforce Commission, other than to matters of unemployment insurance maintained by the commission; or
(4)  a rule or internal procedure of the Texas Department of Criminal Justice or Texas Board of Criminal Justice that applies to an inmate or any other person under the custody or control of the department or to an action taken under that rule or procedure.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.23(c), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 30.198, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1117, Sec. 8, eff. Sept. 1, 2000.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.63, eff. January 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2002 - Texas Register and Administrative Code › Subchapter C. Texas Administrative Code › Section 2002.051. Publication of Texas Administrative Code

Sec. 2002.051.  PUBLICATION OF TEXAS ADMINISTRATIVE CODE.  (a)  The secretary of state shall compile, index, and publish a Texas Administrative Code.
(b)  The administrative code shall be periodically supplemented as necessary, but not less often than once each year.
(c)  The administrative code shall contain each rule adopted by a state agency under Chapter 2001, but may not contain emergency rules adopted under Section 2001.034.
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 2002 - Texas Register and Administrative Code › Subchapter C. Texas Administrative Code › Section 2002.052. Omission of Information

Sec. 2002.052.  OMISSION OF INFORMATION.  (a)  The secretary of state may omit from the administrative code a rule that is general in form if its inclusion in the code is impracticable, undesirable, or unnecessary because it is of local or limited application.
(b)  The secretary of state may omit information from the administrative code if:
(1)  the secretary determines that publication of the information would be cumbersome, expensive, or otherwise inexpedient;
(2)  on application to the adopting state agency, the information is made available in printed or processed form by the agency;  and
(3)  the administrative code contains a notice stating the general subject matter of the information and the manner in which a copy of it may be obtained.
(c)  Omission from the administrative code under this section does not affect the validity or effectiveness of an omitted 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 2002 - Texas Register and Administrative Code › Subchapter C. Texas Administrative Code › Section 2002.053. Purchase and Resale of Administrative Code

Sec. 2002.053.  PURCHASE AND RESALE OF ADMINISTRATIVE CODE.  (a)  To promote efficiency and economy in state government, the secretary of state may periodically purchase copies of the administrative code for resale and distribution to other branches of state government, state agencies, or institutions.
(b)  The purchase does not require the secretary of state to engage in competitive bidding procedures to enter into the contract or license to publish the code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Sec. 2002.054.  EVIDENTIARY VALUE OF ADMINISTRATIVE CODE.  State agency rules published in the administrative code, as approved by the secretary of state and as amended by documents later filed with the office of the secretary:
(1)  are to be judicially noticed;  and
(2)  are prima facie evidence of the text of the rules and of the fact that they are in effect on and after the date of the notation.
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 2002 - Texas Register and Administrative Code › Subchapter C. Texas Administrative Code › Section 2002.055. Rules

Sec. 2002.055.  RULES.  (a)  The secretary of state may adopt rules to ensure the effective administration of this subchapter.
(b)  The rules may establish:
(1)  titles of the administrative code;  and
(2)  a system of classification of the subject matter of the administrative code.
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 2002 - Texas Register and Administrative Code › Subchapter C. Texas Administrative Code › Section 2002.056. Confidentiality of Data Base

Sec. 2002.056.  CONFIDENTIALITY OF DATA BASE.  (a)  The data base for the administrative code is exempt from disclosure under Chapter 552.
(b)  In this section, "data base" means the machine-readable form of the material prepared for and used in the publication of the administrative code and includes:
(1)  indexes;
(2)  annotations;
(3)  tables of contents;
(4)  tables of authority;
(5)  cross-references;
(6)  compiled rules;  and
(7)  other unique material.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 455, Sec. 3, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 527, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2002 - Texas Register and Administrative Code › Subchapter C. Texas Administrative Code › Section 2002.057. Electronic Availability of Administrative Code

Sec. 2002.057.  ELECTRONIC AVAILABILITY OF ADMINISTRATIVE CODE.  (a)  Subject to Subsection (d), the secretary of state:
(1)  shall make the full text of the administrative code available to the public through the Internet at no charge, and update the text that is available through the Internet as soon as practicable;  and
(2)  may make the full text of the administrative code available on an electronic bulletin board at no charge.
(b)  If the secretary of state does not make the full text of the administrative code available on an electronic bulletin board, the secretary of state shall, on the request of one or more agencies that operate an electronic bulletin board, make the full text of the administrative code available to at least one requesting agency for posting on that agency's electronic bulletin board until the secretary of state begins operating an electronic bulletin board.
(c)  The secretary of state may electronically provide to the public specialized value-added services related to the administrative code such as clipping services or subscription services at the market price for the services.
(d)  The secretary of state shall determine whether making the administrative code available on the Internet at no charge and on an electronic bulletin board at no charge, as provided by this section, results in a revenue shortfall that is not covered by the sale of value-added services as provided by Subsection (c).  The secretary of state shall report any shortfall attributed to the free Internet and electronic bulletin board services to the Legislative Budget Board in its biennial budget.  If a shortfall occurs, the secretary of state shall also request the appropriation of funds for the next biennial budget in the amount of the shortfall to continue the Internet and electronic bulletin board services at no charge.  If the requested funds are not appropriated, the secretary of state may, at the beginning of the next state fiscal year, charge user fees for the Internet and electronic bulletin board services in an amount that will compensate the secretary of state for the revenue shortfall.
Added by Acts 1995, 74th Leg., ch. 455, Sec. 4, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2002 - Texas Register and Administrative Code › Subchapter C. Texas Administrative Code › Section 2002.058. Obsolete or Invalid Rules

Sec. 2002.058.  OBSOLETE OR INVALID RULES.  (a)  Unless the law provides otherwise, the secretary of state shall remove a state agency's rules from the administrative code after the agency has been abolished.  If the legislature transfers the abolished agency's rules to another state agency, the secretary of state shall transfer the rules to the appropriate place in the administrative code.
(b)  A state agency shall repeal a rule that has been declared invalid by a final court judgment.  For purposes of this subsection, a court judgment is not considered final during the time that the judgment may be reversed by an appellate court.
Added by Acts 2001, 77th Leg., ch. 639, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter A. General Provisions › Section 2003.001. Definitions

Sec. 2003.001.  DEFINITIONS.  In this chapter:
(1)  "Administrative law judge" means an individual who presides at an administrative hearing held under Chapter 2001.
(2)  "Alternative dispute resolution procedure" has the meaning assigned by Section 2009.003.
(3)  "Office" means the State Office of Administrative Hearings.
(4)  "State agency" means:
(A)  a state board, commission, department, or other agency that is subject to Chapter 2001; and
(B)  to the extent provided by Title 5, Labor Code, the Texas Department of Insurance, as regards proceedings and activities under Title 5, Labor Code, of the department, the commissioner of insurance, or the commissioner of workers' compensation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 980, Sec. 3.01, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 934, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 19.02(9), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1352, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.009, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter B. State Office of Administrative Hearings › Section 2003.022. Chief Administrative Law Judge

Sec. 2003.022.  CHIEF ADMINISTRATIVE LAW JUDGE.  (a)  The office is under the direction of a chief administrative law judge appointed by the governor for a two-year term that expires on May 15 of each even-numbered year.  The chief administrative law judge is eligible for reappointment.
(b)  To be eligible for appointment as chief administrative law judge, an individual must:
(1)  be licensed to practice law in this state;  and
(2)  for at least five years, have:
(A)  practiced administrative law;
(B)  conducted administrative hearings under Chapter 2001;  or
(C)  engaged in a combination of the two activities listed in Paragraphs (A) and (B).
(c)  The chief administrative law judge may not engage in the practice of law while serving as chief administrative law judge.  The chief administrative law judge serves in a full-time position.
(d)  The chief administrative law judge shall:
(1)  supervise the office;
(2)  protect and ensure the decisional independence of each administrative law judge;
(3)  adopt a code of conduct for administrative law judges that may be modeled on the Code of Judicial Conduct;  and
(4)  monitor the quality of administrative hearings conducted by the office.
(e)  The appointment of the chief administrative law judge shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 212, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 85, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1215, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 194 (S.B. 528), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter B. State Office of Administrative Hearings › Section 2003.0221. Removal of Chief Administrative Law Judge

Sec. 2003.0221.  REMOVAL OF CHIEF ADMINISTRATIVE LAW JUDGE.  It is a ground for removal from the position of chief administrative law judge that an appointee:
(1)  does not have at the time of taking office the qualifications required by Section 2003.022(b);
(2)  does not maintain during service as chief administrative law judge a license to practice law in this state;
(3)  is ineligible to hold the position under Section 2003.0225;
(4)  cannot, because of illness or disability, discharge the appointee's duties for a substantial part of the appointee's term;  or
(5)  engages in the practice of law in violation of Section 2003.022(c).
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter B. State Office of Administrative Hearings › Section 2003.0225. Conflict of Interest

Sec. 2003.0225.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not hold the position of chief administrative law judge and may not be employed by the office in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in any field regulated by an agency for which the office is required to conduct administrative hearings;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in any field regulated by an agency for which the office is required to conduct administrative hearings.
(c)  A person may not hold the position of chief administrative law judge or act as the general counsel to the chief administrative law judge or the office if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the office, including a profession that is licensed by an agency for which the office is required to conduct administrative hearings.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter B. State Office of Administrative Hearings › Section 2003.0226. Information Regarding Requirements for Employment and Standards of Conduct

Sec. 2003.0226.  INFORMATION REGARDING REQUIREMENTS FOR EMPLOYMENT AND STANDARDS OF CONDUCT.  The chief administrative law judge or the chief administrative law judge's designee shall provide to office employees, as often as necessary, information regarding the requirements for employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state employees.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter B. State Office of Administrative Hearings › Section 2003.023. Sunset Provision

Sec. 2003.023.  SUNSET PROVISION.  The State Office of Administrative Hearings is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished under that chapter.  The office shall be reviewed during the periods in which state agencies abolished in 2027 and every 12th year after 2027 are reviewed.
Added by Acts 1997, 75th Leg., ch. 210, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1169, Sec. 2.04, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1215, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter B. State Office of Administrative Hearings › Section 2003.025. Required Information Regarding Anticipated Hourly Usage

Sec. 2003.025.  REQUIRED INFORMATION REGARDING ANTICIPATED HOURLY USAGE.  (a)  This section applies to a state agency that has entered into a contract with the office for the conduct of hearings and alternative dispute resolution procedures for the agency, including a contract under Section 2003.024 or 2003.049, during any of the three most recent state fiscal years.
(b)  On a date determined by the office before the beginning of each state fiscal biennium, a state agency to which this section applies shall submit to the office and the Legislative Budget Board information regarding the agency's anticipated hourly usage of the office's services for each fiscal year of that biennium.
Added by Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 4, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 117 (S.B. 1794), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.041. Employment of Administrative Law Judges

Sec. 2003.041.  EMPLOYMENT OF ADMINISTRATIVE LAW JUDGES.  (a)  The chief administrative law judge shall employ administrative law judges to conduct hearings for state agencies subject to this chapter.
(b)  To be eligible for employment with the office as an administrative law judge, an individual must be licensed to practice law in this state and meet other requirements prescribed by the chief administrative law judge.
(c)  An administrative law judge employed by the office is not responsible to or subject to the supervision, direction, or indirect influence of any person other than the chief administrative law judge or a senior or master administrative law judge designated by the chief administrative law judge.  In particular, an administrative law judge employed by the office is not responsible to or subject to the supervision, direction, or indirect influence of an officer, employee, or agent of another state agency who performs investigative, prosecutorial, or advisory functions for the other agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 85, Sec. 4, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.0411. Senior and Master Administrative Law Judges

Sec. 2003.0411.  SENIOR AND MASTER ADMINISTRATIVE LAW JUDGES.  (a)  The chief administrative law judge may appoint senior or master administrative law judges to perform duties assigned by the chief administrative law judge.
(b)  To be appointed a senior administrative law judge, a person must have at least six years of general legal experience, must have at least five years of experience presiding over administrative hearings or presiding over hearings as a judge or master of a court, and must meet other requirements as prescribed by the chief administrative law judge.
(c)  Except as provided by Section 2003.101, to be appointed a master administrative law judge, a person must have at least 10 years of general legal experience, must have at least six years of experience presiding over administrative hearings or presiding over hearings as a judge or master of a court, and must meet other requirements as prescribed by the chief administrative law judge.
Added by Acts 1999, 76th Leg., ch. 85, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 354 (S.B. 242), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.0412. Ex Parte Consultations

Sec. 2003.0412.  EX PARTE CONSULTATIONS.  (a)  Except as provided by Subsection (b), the provisions of Section 2001.061 apply in relation to a matter before the office without regard to whether the matter is considered a contested case under Chapter 2001.
(b)  The provisions of Section 2001.061 do not apply to a matter before the office to the extent that the office is conducting an alternative dispute resolution procedure in relation to the matter.  The chief administrative law judge shall adopt rules that prescribe the types of alternative dispute resolution procedures in which ex parte consultations are prohibited and the types of alternative dispute resolution procedures in which ex parte consultations are allowed.  For alternative dispute resolution procedures in which ex parte consultations are prohibited, the chief administrative law judge in adopting rules under this subsection shall model the prohibition after Section 2001.061 but may vary the extent of the prohibition if necessary to take into account the nature of alternative dispute resolution procedures.
Added by Acts 1999, 76th Leg., ch. 85, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.042. Powers of Administrative Law Judge

Sec. 2003.042.  POWERS OF ADMINISTRATIVE LAW JUDGE.  (a)  An administrative law judge employed by the office or a temporary administrative law judge may:
(1)  administer an oath;
(2)  take testimony;
(3)  rule on a question of evidence;
(4)  issue an order relating to discovery or another hearing or prehearing matter, including an order imposing a sanction;
(5)  issue an order that refers a case to an alternative dispute resolution procedure, determines how the costs of the procedure will be apportioned, and appoints an impartial third party as described by Section 2009.053 to facilitate that procedure;
(6)  issue a proposal for decision that includes findings of fact and conclusions of law;
(7)  if expressly authorized by a state agency rule adopted under Section 2001.058(f), make the final decision in a contested case;
(8)  serve as an impartial third party as described by Section 2009.053 for a dispute referred by an administrative law judge, unless one of the parties objects to the appointment;  and
(9)  serve as an impartial third party as described by Section 2009.053 for a dispute referred by a government agency under a contract.
(b)  An administrative law judge may not serve as an impartial third party for a dispute that the administrative law judge refers to an alternative dispute resolution procedure.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 605, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 934, Sec. 4, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1167, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 19.02(10), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1352, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.0421. Sanctions

Sec. 2003.0421.  SANCTIONS.  (a)  An administrative law judge employed by the office or a temporary administrative law judge, on the judge's own motion or on motion of a party and after notice and an opportunity for a hearing, may impose appropriate sanctions as provided by Subsection (b) against a party or its representative for:
(1)  filing a motion or pleading that is groundless and brought:
(A)  in bad faith;
(B)  for the purpose of harassment;  or
(C)  for any other improper purpose, such as to cause unnecessary delay or needless increase in the cost of the proceeding;
(2)  abuse of the discovery process in seeking, making, or resisting discovery;  or
(3)  failure to obey an order of the administrative law judge or of the state agency on behalf of which the hearing is being conducted.
(b)  A sanction imposed under Subsection (a) may include, as appropriate and justified, issuance of an order:
(1)  disallowing further discovery of any kind or of a particular kind by the offending party;
(2)  charging all or any part of the expenses of discovery against the offending party or its representatives;
(3)  holding that designated facts be considered admitted for purposes of the proceeding;
(4)  refusing to allow the offending party to support or oppose a designated claim or defense or prohibiting the party from introducing designated matters in evidence;
(5)  disallowing in whole or in part requests for relief by the offending party and excluding evidence in support of those requests;  and
(6)  striking pleadings or testimony, or both, in whole or in part.
(c)  This section applies to any contested case hearing conducted by the office, except hearings conducted on behalf of the Texas Commission on Environmental Quality or the Public Utility Commission of Texas which are governed by Sections 2003.047 and 2003.049.
Added by Acts 1997, 75th Leg., ch. 605, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.043. Temporary Administrative Law Judge

Sec. 2003.043.  TEMPORARY ADMINISTRATIVE LAW JUDGE.  (a)  The chief administrative law judge may contract with a qualified individual to serve as a temporary administrative law judge if an administrative law judge employed by the office is not available to hear a case within a reasonable time.
(b)  The chief administrative law judge shall adopt rules relating to the qualifications of a temporary judge.
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 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.044. Staff

Sec. 2003.044.  STAFF.  The chief administrative law judge may hire staff as required to perform the powers and duties of the office.
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 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.045. Oversight of Administrative Law Judges

Sec. 2003.045.  OVERSIGHT OF ADMINISTRATIVE LAW JUDGES.  The chief administrative law judge may designate senior or master administrative law judges to oversee the training, evaluation, discipline, and promotion of administrative law judges employed by the office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 85, Sec. 6, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.0451. Training

Sec. 2003.0451.  TRAINING.  (a)  The office shall provide at least 30 hours of continuing legal education and judicial training to each new administrative law judge employed by the office who has less than three years of presiding experience.  The office shall provide the training required by this subsection during the administrative law judge's first year of employment with the office.  The office may provide the training through office personnel or through external sources, including state and local bar associations, the Texas Center for the Judiciary, and the National Judicial College.  The training may include the following areas:
(1)  conducting fair and impartial hearings;
(2)  ethics;
(3)  evidence;
(4)  civil trial litigation;
(5)  administrative law;
(6)  managing complex litigation;
(7)  conducting high-volume proceedings;
(8)  judicial writing;
(9)  effective case-flow management;
(10)  alternative dispute resolution methods;  and
(11)  other areas that the office considers to be relevant to the work of an administrative law judge.
(b)  The office shall provide continuing legal education and advanced judicial training for other administrative law judges employed by the office to the extent that money is available for this purpose.
(c)  Subsection (a) does not apply to a temporary administrative law judge.
Added by Acts 1997, 75th Leg., ch. 371, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 85, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.046. Central Hearings Panel

Sec. 2003.046.  CENTRAL HEARINGS PANEL.  (a)  A central hearings panel in the office is composed of administrative law judges and senior or master administrative law judges assigned to the panel by the chief administrative law judge.
(b)  The chief administrative law judge may create teams or divisions within the central panel, including an administrative license revocation division, according to the subject matter or types of hearings conducted by the central panel.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 85, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.050. Procedural Rules

Sec. 2003.050.  PROCEDURAL RULES.  (a)  The chief administrative law judge shall adopt rules that govern the procedures, including the discovery procedures, that relate to a hearing conducted by the office.
(b)  Notwithstanding other law, the procedural rules of the state agency on behalf of which the hearing is conducted govern procedural matters that relate to the hearing only to the extent that the chief administrative law judge's rules adopt the agency's procedural rules by reference.
(c)  The rules of the office regarding the participation of a witness by telephone must include procedures to verify the identity of the witness who is to appear by telephone.
Added by Acts 1997, 75th Leg., ch. 605, Sec. 3, eff. Jan. 1, 1998.  Amended by Acts 2003, 78th Leg., ch. 1215, Sec. 8, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2003 - State Office of Administrative Hearings › Subchapter C. Staff and Administration › Section 2003.051. Role of Referring Agency

Sec. 2003.051.  ROLE OF REFERRING AGENCY.  (a) Except in connection with interim appeals of orders or questions certified to an agency by an administrative law judge, as permitted by law, a state agency that has referred a matter to the office in which the office will conduct a hearing may not take any adjudicative action relating to the matter until the office has issued its proposal for decision or otherwise concluded its involvement in the matter.  The state agency may exercise its advocacy rights in the matter before the office in the same manner as any other party.
(b)  If the office issues a proposal for decision in a matter referred to the office by a state agency, the referring agency shall send to the office an electronic copy of the agency's final decision or order in the matter.
Added by Acts 1999, 76th Leg., ch. 85, Sec. 11, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 11, eff. September 1, 2015.