Administrative Procedure Act

Texas · GV · §§ 2001.001 to 2001.903 · 99 sections

Overview

The act governs how state administrative agencies make rules and how they resolve individual contested cases. On the rulemaking side it requires agencies to give advance notice of proposed rules, take public comment, prepare analyses of a proposed rule's anticipated impacts, and file and index rules before they take effect, while also providing for emergency rulemaking, public petitions to adopt rules, and periodic agency review of rules already on the books. For contested cases it establishes notice and an opportunity to be heard, the right to counsel, interpreters for deaf or hearing-impaired parties and witnesses, and informal disposition, and it preserves judicial review — including declaratory judgment actions testing the validity of a rule.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 69 court decisions.

Most-cited authority: 35 S.W.3d 12 - Cash America International Inc. v. Bennett

Sections covered

Tex. Gov't Code § 2001.001PURPOSE1 cite
Tex. Gov't Code § 2001.002SHORT TITLE
Tex. Gov't Code § 2001.003DEFINITIONS
Tex. Gov't Code § 2001.004REQUIREMENT TO ADOPT RULES OF PRACTICE AND INDEX RULES, ORDERS, AND DECISIONS
Tex. Gov't Code § 2001.0045REQUIREMENT FOR RULE INCREASING COSTS TO REGULATED PERSONS
Tex. Gov't Code § 2001.005RULE, ORDER, OR DECISION NOT EFFECTIVE UNTIL INDEXED
Tex. Gov't Code § 2001.006ACTIONS PREPARATORY TO IMPLEMENTATION OF STATUTE OR RULE
Tex. Gov't Code § 2001.007CERTAIN EXPLANATORY INFORMATION MADE AVAILABLE THROUGH INTERNET
Tex. Gov't Code § 2001.021PETITION FOR ADOPTION OF RULES
Tex. Gov't Code § 2001.022LOCAL EMPLOYMENT IMPACT STATEMENTS
Tex. Gov't Code § 2001.0221GOVERNMENT GROWTH IMPACT STATEMENTS
Tex. Gov't Code § 2001.0225REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES
Tex. Gov't Code § 2001.023NOTICE OF PROPOSED RULE
Tex. Gov't Code § 2001.024CONTENT OF NOTICE
Tex. Gov't Code § 2001.025EFFECTIVE DATE OF NOTICE
Tex. Gov't Code § 2001.026NOTICE TO PERSONS REQUESTING ADVANCE NOTICE OF PROPOSED RULES
Tex. Gov't Code § 2001.0261NOTICE TO CERTAIN PERSONS
Tex. Gov't Code § 2001.027WITHDRAWAL OF PROPOSED RULE
Tex. Gov't Code § 2001.028NOTICE OF PROPOSED LAW ENFORCEMENT RULES
Tex. Gov't Code § 2001.029PUBLIC COMMENT
Tex. Gov't Code § 2001.030STATEMENT OF REASONS FOR OR AGAINST ADOPTION
Tex. Gov't Code § 2001.031INFORMAL CONFERENCES AND ADVISORY COMMITTEES
Tex. Gov't Code § 2001.032LEGISLATIVE REVIEW
Tex. Gov't Code § 2001.033STATE AGENCY ORDER ADOPTING RULE2 cites
Tex. Gov't Code § 2001.034EMERGENCY RULEMAKING
Tex. Gov't Code § 2001.035SUBSTANTIAL COMPLIANCE REQUIREMENT; TIME LIMIT ON PROCEDURAL CHALLENGE
Tex. Gov't Code § 2001.036EFFECTIVE DATE OF RULES; EFFECT OF FILING WITH SECRETARY OF STATE
Tex. Gov't Code § 2001.037OFFICIAL TEXT OF RULE
Tex. Gov't Code § 2001.038DECLARATORY JUDGMENT14 cites
Tex. Gov't Code § 2001.039AGENCY REVIEW OF EXISTING RULES
Tex. Gov't Code § 2001.040SCOPE AND EFFECT OF ORDER INVALIDATING AGENCY RULE
Tex. Gov't Code § 2001.041COMPLIANCE WITH LAW ON DECENTRALIZATION
Tex. Gov't Code § 2001.042JUDICIAL REVIEW OF STATE AGENCY LEGAL DETERMINATION REGARDING LAWS AND RULES
Tex. Gov't Code § 2001.051OPPORTUNITY FOR HEARING AND PARTICIPATION; NOTICE OF HEARING
Tex. Gov't Code § 2001.052CONTENTS OF NOTICE2 cites
Tex. Gov't Code § 2001.053RIGHT TO COUNSEL
Tex. Gov't Code § 2001.054LICENSES1 cite
Tex. Gov't Code § 2001.055INTERPRETERS FOR DEAF OR HEARING IMPAIRED PARTIES AND WITNESSES
Tex. Gov't Code § 2001.056INFORMAL DISPOSITION OF CONTESTED CASE2 cites
Tex. Gov't Code § 2001.057CONTINUANCES
Tex. Gov't Code § 2001.058HEARING CONDUCTED BY STATE OFFICE OF ADMINISTRATIVE HEARINGS3 cites
Tex. Gov't Code § 2001.059TRANSCRIPT
Tex. Gov't Code § 2001.060RECORD
Tex. Gov't Code § 2001.061EX PARTE CONSULTATIONS
Tex. Gov't Code § 2001.062EXAMINATION OF RECORD BY STATE AGENCY; PROPOSAL FOR DECISION2 cites
Tex. Gov't Code § 2001.081RULES OF EVIDENCE
Tex. Gov't Code § 2001.082EXCLUSION OF EVIDENCE1 cite
Tex. Gov't Code § 2001.083PRIVILEGE
Tex. Gov't Code § 2001.084OBJECTIONS TO EVIDENCE
Tex. Gov't Code § 2001.085WRITTEN EVIDENCE
Tex. Gov't Code § 2001.086DOCUMENTARY EVIDENCE
Tex. Gov't Code § 2001.087CROSS-EXAMINATION
Tex. Gov't Code § 2001.088WITNESSES
Tex. Gov't Code § 2001.089ISSUANCE OF SUBPOENA1 cite
Tex. Gov't Code § 2001.090OFFICIAL NOTICE; STATE AGENCY EVALUATION OF EVIDENCE
Tex. Gov't Code § 2001.091DISCOVERY FROM PARTIES: ORDERS FOR PRODUCTION OR INSPECTION
Tex. Gov't Code § 2001.092DISCOVERY FROM PARTIES: IDENTITY OF WITNESS OR POTENTIAL PARTY; EXPERT REPORTS
Tex. Gov't Code § 2001.093DISCOVERY FROM PARTIES: COPY OF PREVIOUS STATEMENT
Tex. Gov't Code § 2001.094ISSUANCE OF COMMISSION REQUIRING DEPOSITION
Tex. Gov't Code § 2001.095DEPOSITION OF STATE AGENCY BOARD MEMBER
Tex. Gov't Code § 2001.096PLACE OF DEPOSITION
Tex. Gov't Code § 2001.097OBJECTIONS TO DEPOSITION TESTIMONY
Tex. Gov't Code § 2001.098PREPARATION OF DEPOSITION
Tex. Gov't Code § 2001.099SUBMISSION OF DEPOSITION TO WITNESS; SIGNATURE
Tex. Gov't Code § 2001.100RETURN OF DEPOSITION TO STATE AGENCY
Tex. Gov't Code § 2001.101OPENING OF DEPOSITION BY STATE AGENCY EMPLOYEE
Tex. Gov't Code § 2001.102USE OF DEPOSITION
Tex. Gov't Code § 2001.103EXPENSES OF WITNESS OR DEPONENT
Tex. Gov't Code § 2001.121STATEMENT OR TESTIMONY BY CERTAIN CHILD ABUSE VICTIMS
Tex. Gov't Code § 2001.122HEARSAY STATEMENT OF CHILD ABUSE VICTIM
Tex. Gov't Code § 2001.141FORM OF DECISION; FINDINGS OF FACT AND CONCLUSIONS OF LAW1 cite
Tex. Gov't Code § 2001.142NOTIFICATION OF DECISIONS AND ORDERS
Tex. Gov't Code § 2001.143TIME OF DECISION
Tex. Gov't Code § 2001.144DECISIONS OR ORDERS; WHEN FINAL1 cite
Tex. Gov't Code § 2001.145MOTIONS FOR REHEARING: PREREQUISITES TO APPEAL1 cite
Tex. Gov't Code § 2001.146MOTIONS FOR REHEARING: PROCEDURES
Tex. Gov't Code § 2001.147AGREEMENT TO MODIFY TIME LIMITS
Tex. Gov't Code § 2001.171JUDICIAL REVIEW2 cites
Tex. Gov't Code § 2001.172SCOPE OF JUDICIAL REVIEW
Tex. Gov't Code § 2001.1721JUDICIAL REVIEW OF QUESTION OF LAW
Tex. Gov't Code § 2001.173TRIAL DE NOVO REVIEW2 cites
Tex. Gov't Code § 2001.174REVIEW UNDER SUBSTANTIAL EVIDENCE RULE OR UNDEFINED SCOPE OF REVIEW15 cites
Tex. Gov't Code § 2001.175PROCEDURES FOR REVIEW UNDER SUBSTANTIAL EVIDENCE RULE OR UNDEFINED SCOPE OF REVIEW4 cites
Tex. Gov't Code § 2001.176PETITION INITIATING JUDICIAL REVIEW8 cites
Tex. Gov't Code § 2001.177COST OF PREPARING AGENCY RECORD
Tex. Gov't Code § 2001.1775MODIFICATION OF AGENCY FINDINGS OR DECISION
Tex. Gov't Code § 2001.178CUMULATIVE EFFECT
Tex. Gov't Code § 2001.201COURT ENFORCEMENT OF SUBPOENA OR COMMISSION
Tex. Gov't Code § 2001.202COURT ENFORCEMENT OF FINAL ORDERS, DECISIONS, AND RULES1 cite
Tex. Gov't Code § 2001.221DRIVER'S LICENSES1 cite
Tex. Gov't Code § 2001.222STATE AGENCY PERSONNEL RULES AND PRACTICES
Tex. Gov't Code § 2001.223EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT ENFORCEMENT, AND CONTESTED CASE PROVISIONS
Tex. Gov't Code § 2001.224TEXAS EMPLOYMENT COMMISSION
Tex. Gov't Code § 2001.225CERTAIN ALCOHOLIC BEVERAGE CODE APPEALS
Tex. Gov't Code § 2001.226TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND TEXAS BOARD OF CRIMINAL JUSTICE
Tex. Gov't Code § 2001.227TEXAS CIVIL COMMITMENT OFFICE
Tex. Gov't Code § 2001.901APPEAL FROM DISTRICT COURT4 cites
Tex. Gov't Code § 2001.902SAVING CLAUSE
Tex. Gov't Code § 2001.903RECOVERY OF ATTORNEY'S FEES AND COSTS IN CONTESTED CASES INVOLVING FRIVOLOUS REGULATORY ACTION

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