The Texas Administrative Procedure Act requires that an agency do the following to effetively promulgate and adopt an agency rule :
- The administrative agency must give at least 30 days' notice of its intention to adopt the proposed rule before that rule goes into force.
- Such notice must be submitted to the Texas Secretary of State for publication in the Texas Register. Notice begins only on publication.
- A proposed rule is automatically withdrawn six months after publication in the Texas Register if it is not adopted by the agency or adopted as amended.
- The agency must allow all interested persons a reasonable opportunity to submit input orally or in writing. If the proposal is substantive, the agency must grant an opportunity for a public hearing if requested to do so by at least 25 people.
- Legislative Review by the standing committee responsible. The standing committee may, on the vote of a majority of its members, send the agency a statement supporting or opposing the proposed rule.
- The agency adopts its rule, with reasoned justifications why.
The rule is then published in the Texas Administrative Code and is thus noticed and enforceable by the agency as a matter of law. However, just because the rule is effective does not mean that its existence or the agency's application of it is necessarily legal and within the scope of its legislatively authorized power, Oftentimes a rule challenge or declaratory judgment action can be brought by an experienced professional license defense / administrative law attorney in an effort to overturn or enjoin agency action.
