Texas Government Code
Sec. § 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 (Regulatory Analysis of Major Environmental Rules) through 2001.034 (Emergency Rulemaking).

(b)

A person must initiate a proceeding to contest a rule on the ground of noncompliance with the procedural requirements of Sections 2001.0225 (Regulatory Analysis of Major Environmental Rules) through 2001.034 (Emergency Rulemaking) not later than the second anniversary of the effective date of the rule.

(c)

A state agency substantially complies with the requirements of Section 2001.033 (State Agency Order Adopting Rule) if the agency’s reasoned justification demonstrates in a relatively clear and logical fashion that the rule is a reasonable means to a legitimate objective.

(d)

A mere technical defect that does not result in prejudice to a person’s rights or privileges is not grounds for invalidation of a rule.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 558, Sec. 3, eff. Sept. 1, 1999.
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Last accessed
May. 14, 2021