CHAPTER 2002. TEXAS REGISTER AND ADMINISTRATIVE CODE

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GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE A. ADMINISTRATIVE PROCEDURE AND PRACTICE

CHAPTER 2002. TEXAS REGISTER AND ADMINISTRATIVE CODE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2002.001. DEFINITIONS. In this chapter:

(1) "Administrative code" means the Texas Administrative Code.

(2) "Internet" means the largest nonproprietary nonprofit

cooperative public computer network, popularly known as the

Internet.

(3) "State agency" means a state officer, board, commission, or

department with statewide jurisdiction that makes rules or

determines contested cases other than:

(A) an agency wholly financed by federal money;

(B) the legislature;

(D) 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; or

(E) an institution of higher education.

(4) The following terms have the meanings assigned by Section

2001.003:

(A) "contested case";

(B) "license";

(D) "party";

(E) "person"; and

(F) "rule."

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 455, Sec. 1, eff. Aug.

28, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 6.008, eff. September 1, 2005.

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.

SUBCHAPTER B. 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.

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.

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.

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.

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

fixed by the secretary.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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;

(D) Chapter 724, Transportation Code; or

(E) Section 13, Article 42.12, 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.

SUBCHAPTER C. 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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