Texas Government Code Title 10, Chapter 2001 - Administrative Procedure

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 2001.001 - Purpose
  It is the public policy of the state through this chapter to: (1) provide minimum standards of uniform practice and procedure for state agencies; (2)...
• Texas Section 2001.002 - Short Title
  This chapter may be cited as the Administrative Procedure Act. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
• Texas Section 2001.003 - Definitions
  In this chapter: (1) "Contested case" means a proceeding, including a ratemaking or licensing proceeding, in which the legal rights, duties, or privileges of a...
• Texas Section 2001.004 - Requirement To Adopt Rules Of Practice And Index Rules, Orders, And Decisions
  In addition to other requirements under law, a state agency shall: (1) adopt rules of practice stating the nature and requirements of all available formal...
• Texas Section 2001.005 - Rule, Order, Or Decision Not Effective Until Indexed
  (a) A state agency rule, order, or decision made or issued on or after January 1, 1976, is not valid or effective against a person...
• Texas Section 2001.006 - Actions Preparatory To Implementation Of Statute Or Rule
  (a) In this section: (1) "State agency" means a department, board, commission, committee, council, agency, office, or other entity in the executive, legislative, or judicial...

SUBCHAPTER B RULEMAKING

• Texas Section 2001.007 - Certain Explanatory Information Made Available Through Internet
  (a) A state agency shall make available through a generally accessible Internet site: (1) the text of its rules; and (2) any material, such as...
• Texas Section 2001.021 - Petition For Adoption Of Rules
  (a) An interested person by petition to a state agency may request the adoption of a rule. (b) A state agency by rule shall prescribe...
• Texas Section 2001.022 - Local Employment Impact Statements
  (a) A state agency shall determine whether a rule may affect a local economy before proposing the rule for adoption. If a state agency determines...
• Texas Section 2001.0225 - Regulatory Analysis Of Major Environmental Rules
  (a) This section applies only to a major environmental rule adopted by a state agency, the result of which is to: (1) exceed a standard...
• Texas Section 2001.023 - Notice Of Proposed Rule
  (a) A state agency shall give at least 30 days' notice of its intention to adopt a rule before it adopts the rule. (b) A...
• Texas Section 2001.024 - Content Of Notice
  (a) The notice of a proposed rule must include: (1) a brief explanation of the proposed rule; (2) the text of the proposed rule, except...
• Texas Section 2001.025 - Effective Date Of Notice
  Notice of a proposed rule becomes effective as notice when published in the Texas Register, except as provided by Section 2001.028. Added by Acts 1993,...
• Texas Section 2001.026 - Notice To Persons Requesting Advance Notice Of Proposed Rules
  A state agency shall mail notice of a proposed rule to each person who has made a timely written request of the agency for advance...
• Texas Section 2001.027 - Withdrawal Of Proposed Rule
  A proposed rule is withdrawn six months after the date of publication of notice of the proposed rule in the Texas Register if a state...
• Texas Section 2001.028 - Notice Of Proposed Law Enforcement Rules
  Notice of the adoption of a proposed rule by the Commission on Jail Standards or the Texas Commission on Law Enforcement that affects a law...
• Texas Section 2001.029 - Public Comment
  (a) Before adopting a rule, a state agency shall give all interested persons a reasonable opportunity to submit data, views, or arguments, orally or in...
• Texas Section 2001.030 - Statement Of Reasons For Or Against Adoption
  On adoption of a rule, a state agency, if requested to do so by an interested person either before adoption or not later than the...
• Texas Section 2001.031 - Informal Conferences And Advisory Committees
  (a) A state agency may use an informal conference or consultation to obtain the opinions and advice of interested persons about contemplated rulemaking. (b) A...
• Texas Section 2001.032 - Legislative Review
  (a) Each house of the legislature by rule shall establish a process under which the presiding officer of each house refers each proposed state agency...
• Texas Section 2001.033 - State Agency Order Adopting Rule
  (a) A state agency order finally adopting a rule must include: (1) a reasoned justification for the rule as adopted consisting solely of: (A) a...
• Texas Section 2001.034 - Emergency Rulemaking
  (a) A state agency may adopt an emergency rule without prior notice or hearing, or with an abbreviated notice and a hearing that it finds...
• Texas Section 2001.035 - Substantial Compliance Requirement; Time Limit On Procedural Challenge
  (a) A rule is voidable unless a state agency adopts it in substantial compliance with Sections 2001.0225 through 2001.034. (b) A person must initiate a...
• Texas Section 2001.036 - Effective Date Of Rules; Effect Of Filing With Secretary Of State
  (a) A rule takes effect 20 days after the date on which it is filed in the office of the secretary of state, except that:...
• Texas Section 2001.037 - Official Text Of Rule
  If a conflict exists, the official text of a rule is the text on file with the secretary of state and not the text published...
• Texas Section 2001.038 - Declaratory Judgment
  (a) The validity or applicability of a rule, including an emergency rule adopted under Section 2001.034, may be determined in an action for declaratory judgment...
• Texas Section 2001.039 - Agency Review Of Existing Rules
  (a) A state agency shall review and consider for readoption each of its rules in accordance with this section. (b) A state agency shall review...
• Texas Section 2001.040 - Scope And Effect Of Order Invalidating Agency Rule
  If a court finds that an agency has not substantially complied with one or more procedural requirements of Sections 2001.0225 through 2001.034, the court may...

SUBCHAPTER C CONTESTED CASES: GENERAL RIGHTS AND PROCEDURES

• Texas Section 2001.041 - Compliance With Law On Decentralization
  A state agency rule, order, or guide relating to decentralization of agency services or programs must include a statement of the manner in which the...
• Texas Section 2001.051 - Opportunity For Hearing And Participation; Notice Of Hearing
  In a contested case, each party is entitled to an opportunity: (1) for hearing after reasonable notice of not less than 10 days; and (2)...
• Texas Section 2001.052 - Contents Of Notice
  (a) Notice of a hearing in a contested case must include: (1) a statement of the time, place, and nature of the hearing; (2) a...
• Texas Section 2001.053 - Right To Counsel
  (a) Each party to a contested case is entitled to the assistance of counsel before a state agency. (b) A party may expressly waive the...
• Texas Section 2001.054 - Licenses
  (a) The provisions of this chapter concerning contested cases apply to the grant, denial, or renewal of a license that is required to be preceded...
• Texas Section 2001.055 - Interpreters For Deaf Or Hearing Impaired Parties And Witnesses
  (a) In a contested case, a state agency shall provide an interpreter whose qualifications are approved by the Texas Commission for the Deaf and Hard...
• Texas Section 2001.056 - Informal Disposition Of Contested Case
  Unless precluded by law, an informal disposition may be made of a contested case by: (1) stipulation; (2) agreed settlement; (3) consent order; or (4)...
• Texas Section 2001.057 - Continuances
  (a) A state agency may continue a hearing in a contested case from time to time and from place to place. (b) The notice of...
• Texas Section 2001.058 - Hearing Conducted By State Office Of Administrative Hearings
  (a) This section applies only to an administrative law judge employed by the State Office of Administrative Hearings. (b) An administrative law judge who conducts...
• Texas Section 2001.059 - Transcript
  (a) On the written request of a party to a contested case, proceedings, or any part of the proceedings, shall be transcribed. (b) A state...
• Texas Section 2001.060 - Record
  The record in a contested case includes: (1) each pleading, motion, and intermediate ruling; (2) evidence received or considered; (3) a statement of matters officially...
• Texas Section 2001.061 - Ex Parte Consultations
  (a) Unless required for the disposition of an ex parte matter authorized by law, a member or employee of a state agency assigned to render...

SUBCHAPTER D CONTESTED CASES: EVIDENCE, WITNESSES, AND DISCOVERY

• Texas Section 2001.062 - Examination Of Record By State Agency; Proposal For Decision
  (a) In a contested case, if a majority of the state agency officials who are to render a final decision have not heard the case...
• Texas Section 2001.081 - Rules Of Evidence
  The rules of evidence as applied in a nonjury civil case in a district court of this state shall apply to a contested case except...
• Texas Section 2001.082 - Exclusion Of Evidence
  In a contested case, evidence that is irrelevant, immaterial, or unduly repetitious shall be excluded. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1,...
• Texas Section 2001.083 - Privilege
  In a contested case, a state agency shall give effect to the rules of privilege recognized by law. Added by Acts 1993, 73rd Leg., ch....
• Texas Section 2001.084 - Objections To Evidence
  An objection to an evidentiary offer in a contested case may be made and shall be noted in the record. Added by Acts 1993, 73rd...
• Texas Section 2001.085 - Written Evidence
  Subject to the requirements of Sections 2001.081 through 2001.084, any part of the evidence in a contested case may be received in writing if: (1)...
• Texas Section 2001.086 - Documentary Evidence
  A copy or excerpt of documentary evidence may be received in a contested case if an original document is not readily available. On request, a...
• Texas Section 2001.087 - Cross-examination
  In a contested case, a party may conduct cross-examination required for a full and true disclosure of the facts. Added by Acts 1993, 73rd Leg.,...
• Texas Section 2001.088 - Witnesses
  A state agency may swear witnesses and take their testimony under oath in connection with a contested case held under this chapter. Added by Acts...
• Texas Section 2001.089 - Issuance Of Subpoena
  On its own motion or on the written request of a party to a contested case pending before it, a state agency shall issue a...
• Texas Section 2001.090 - Official Notice; State Agency Evaluation Of Evidence
  (a) In connection with a hearing held under this chapter, official notice may be taken of: (1) all facts that are judicially cognizable; and (2)...
• Texas Section 2001.091 - Discovery From Parties: Orders For Production Or Inspection
  (a) On the motion of a party, on notice to each other party, and subject to limitations of the kind provided for discovery under the...
• Texas Section 2001.092 - Discovery From Parties: Identity Of Witness Or Potential Party; Expert Reports
  (a) The identity and location of a potential party or witness in a contested case may be obtained from a communication or other paper in...
• Texas Section 2001.093 - Discovery From Parties: Copy Of Previous Statement
  (a) On request, a person, including a person who is not a party, is entitled to obtain a copy of a statement in a party's...
• Texas Section 2001.094 - Issuance Of Commission Requiring Deposition
  (a) On its own motion or on the written request of a party to a contested case pending before it, and on deposit of an...
• Texas Section 2001.095 - Deposition Of State Agency Board Member
  The deposition of a member of a state agency board may not be taken after a date has been set for hearing in a contested...
• Texas Section 2001.096 - Place Of Deposition
  A deposition in a contested case shall be taken in the county where the witness: (1) resides; (2) is employed; or (3) regularly transacts business...
• Texas Section 2001.097 - Objections To Deposition Testimony
  (a) The officer taking an oral deposition in a contested case may not: (1) sustain an objection to the testimony taken; or (2) exclude testimony....
• Texas Section 2001.098 - Preparation Of Deposition
  (a) A deposition witness in a contested case shall be carefully examined. (b) The testimony shall be reduced to writing or typewriting by the officer...
• Texas Section 2001.099 - Submission Of Deposition To Witness; Signature
  (a) A deposition in a contested case shall be submitted to the witness for examination after the testimony is fully transcribed and shall be read...
• Texas Section 2001.100 - Return Of Deposition To State Agency
  (a) A deposition may be returned to the state agency before which the contested case is pending by mail or by a party interested in...
• Texas Section 2001.101 - Opening Of Deposition By State Agency Employee
  (a) At the request of a party or the party's counsel, a deposition in a contested case that is filed with a state agency may...
• Texas Section 2001.102 - Use Of Deposition
  A party is entitled to use a deposition taken under this subchapter in the contested case pending before the state agency without regard to whether...

SUBCHAPTER E CONTESTED CASES: TESTIMONY OF CHILD

• Texas Section 2001.103 - Expenses Of Witness Or Deponent
  (a) A witness or deponent in a contested case who is not a party and who is subpoenaed or otherwise compelled to attend a hearing...
• Texas Section 2001.121 - Statement Or Testimony By Certain Child Abuse Victims
  (a) This section applies: (1) to a contested case and judicial review of a final decision under this chapter, whether by trial de novo or...

SUBCHAPTER F CONTESTED CASES: FINAL DECISIONS AND ORDERS; MOTIONS FOR REHEARING

• Texas Section 2001.122 - Hearsay Statement Of Child Abuse Victim
  (a) This section applies: (1) to a proceeding held under this chapter or a judicial review of a final decision under this chapter, whether by...
• Texas Section 2001.141 - Form Of Decision; Findings Of Fact And Conclusions Of Law
  (a) A decision or order of a state agency that may become final under Section 2001.144 that is adverse to any party in a contested...
• Texas Section 2001.142 - Notification Of Decisions And Orders
  (a) A state agency shall notify each party to a contested case of any decision or order of the agency in the following manner: (1)...
• Texas Section 2001.143 - Time Of Decision
  (a) A decision or order that may become final under Section 2001.144 in a contested case should be signed not later than the 60th day...
• Texas Section 2001.144 - Decisions Or Orders; When Final
  (a) A decision or order in a contested case is final: (1) if a motion for rehearing is not filed on time, on the expiration...
• Texas Section 2001.145 - Motions For Rehearing: Prerequisites To Appeal
  (a) A timely motion for rehearing is a prerequisite to an appeal in a contested case except that a motion for rehearing of a decision...
• Texas Section 2001.146 - Motions For Rehearing: Procedures
  (a) A motion for rehearing in a contested case must be filed by a party not later than the 25th day after the date the...

SUBCHAPTER G CONTESTED CASES: JUDICIAL REVIEW

• Texas Section 2001.147 - Agreement To Modify Time Limits
  The parties to a contested case, with state agency approval, may agree to modify the times prescribed by Sections 2001.143 and 2001.146. Added by Acts...
• Texas Section 2001.171 - Judicial Review
  A person who has exhausted all administrative remedies available within a state agency and who is aggrieved by a final decision in a contested case...
• Texas Section 2001.172 - Scope Of Judicial Review
  The scope of judicial review of a state agency decision in a contested case is as provided by the law under which review is sought....
• Texas Section 2001.173 - Trial De Novo Review
  (a) If the manner of review authorized by law for the decision in a contested case that is the subject of complaint is by trial...
• Texas Section 2001.174 - Review Under Substantial Evidence Rule Or Undefined Scope Of Review
  If the law authorizes review of a decision in a contested case under the substantial evidence rule or if the law does not define the...
• Texas Section 2001.175 - Procedures For Review Under Substantial Evidence Rule Or Undefined Scope Of Review
  (a) The procedures of this section apply if the manner of review authorized by law for the decision in a contested case that is the...
• Texas Section 2001.176 - Petition Initiating Judicial Review
  (a) A person initiates judicial review in a contested case by filing a petition not later than the 30th day after the date the decision...
• Texas Section 2001.177 - Cost Of Preparing Agency Record
  (a) A state agency by rule may require a party who appeals a final decision in a contested case to pay all or a part...
• Texas Section 2001.1775 - Modification Of Agency Findings Or Decision
  Except as provided by Section 2001.175(c), an agency may not modify its findings or decision in a contested case after proceedings for judicial review of...

SUBCHAPTER H COURT ENFORCEMENT

• Texas Section 2001.178 - Cumulative Effect
  This subchapter is cumulative of other means of redress provided by statute. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
• Texas Section 2001.201 - Court Enforcement Of Subpoena Or Commission
  (a) If a person fails to comply with a subpoena or commission issued under this chapter, the state agency issuing the subpoena or commission, acting...

SUBCHAPTER I EXCEPTIONS

• Texas Section 2001.202 - Court Enforcement Of Final Orders, Decisions, And Rules
  (a) The attorney general, on the request of a state agency to which it appears that a person is violating, about to violate, or failing...
• Texas Section 2001.221 - Driver's Licenses
  This chapter does not apply to a suspension, revocation, cancellation, denial, or disqualification of a driver's license or commercial driver's license as authorized by: (1)...
• Texas Section 2001.221 - Driver's Licenses
  This chapter does not apply to a suspension, revocation, cancellation, denial, or disqualification of a driver's license or commercial driver's license as authorized by: (1)...
• Texas Section 2001.222 - State Agency Personnel Rules And Practices
  This chapter does not apply to matters related solely to the internal personnel rules and practices of a state agency. Added by Acts 1993, 73rd...
• Texas Section 2001.223 - Exceptions From Declaratory Judgment, Court Enforcement, And Contested Case Provisions
  Section 2001.038 and Subchapters C through H do not apply to: (1) except as provided by Section 531.019, the granting, payment, denial, or withdrawal of...
• Texas Section 2001.224 - Texas Employment Commission
  Section 2001.038 and Subchapters C through H do not apply to a hearing by the Texas Employment Commission to determine whether or not a claimant...
• Texas Section 2001.225 - Certain Alcoholic Beverage Code Appeals
  Section 2001.176(b)(1) does not apply to an appeal under Section 32.18, Alcoholic Beverage Code. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff....

SUBCHAPTER Z MISCELLANEOUS

• Texas Section 2001.226 - Texas Department Of Criminal Justice And Texas Board Of Criminal Justice
  This chapter does not apply to a rule or internal procedure of the Texas Department of Criminal Justice or Texas Board of Criminal Justice that...
• Texas Section 2001.901 - Appeal From District Court
  (a) A party may appeal a final district court judgment under this chapter in the manner provided for civil actions generally. (b) An appeal bond...
• Texas Section 2001.902 - Saving Clause
  This chapter does not repeal a statutory provision that confers investigatory authority on a state agency, including a provision that grants an agency the power,...

Last modified: September 28, 2016