Tex. Gov't Code Section 2001.038
Declaratory Judgment

Mentioned in

Agency Policy Challenges: A Different Way to Fight an Assessment

American Bar Association, March 8, 2018

“Interestingly, tax cases do not often take advantage of these administrative challenges. This is surprising when ambiguities in tax statutes are generally construed against the state, giving taxpayers an advantage…”
 
Bibliographic info

(a)

The validity or applicability of a rule, including an emergency rule adopted under Section 2001.034 (Emergency Rulemaking), may be determined in an action for declaratory judgment if it is alleged that the rule or its threatened application interferes with or impairs, or threatens to interfere with or impair, a legal right or privilege of the plaintiff.

(b)

The action may be brought only in a Travis County district court.

(c)

The state agency must be made a party to the action.

(d)

A court may render a declaratory judgment without regard to whether the plaintiff requested the state agency to rule on the validity or applicability of the rule in question.

(e)

An action brought under this section may not be used to delay or stay a hearing in which a suspension, revocation, or cancellation of a license by a state agency is at issue before the agency after notice of the hearing has been given.

(f)

A Travis County district court in which an action is brought under this section, on its own motion or the motion of any party, may request transfer of the action to the Court of Appeals for the Fifteenth Court of Appeals District if the district court finds that the public interest requires a prompt, authoritative determination of the validity or applicability of the rule in question and the case would ordinarily be appealed. After filing of the district court’s request with the court of appeals, transfer of the action may be granted by the court of appeals if it agrees with the findings of the district court concerning the application of the statutory standards to the action. On entry of an order by the court of appeals granting transfer, the action is transferred to the court of appeals for decision, and the validity or applicability of the rule in question is subject to judicial review by the court of appeals. The administrative record and the district court record shall be filed by the district clerk with the clerk of the court of appeals. The court of appeals may direct the district court to conduct any necessary evidentiary hearings in connection with the action.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 894, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 459 (S.B. 1045), Sec. 1.10, eff. September 1, 2023.

Source: Section 2001.038 — Declaratory Judgment, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2001.­htm#2001.­038 (accessed Jun. 5, 2024).

2001.001
Purpose 2001.002
Short Title 2001.003
Definitions 2001.004
Requirement to Adopt Rules of Practice and Index Rules, Orders, and Decisions 2001.005
Rule, Order, or Decision Not Effective Until Indexed 2001.006
Actions Preparatory to Implementation of Statute or Rule 2001.007
Certain Explanatory Information Made Available Through Internet 2001.021
Petition for Adoption of Rules 2001.022
Local Employment Impact Statements 2001.023
Notice of Proposed Rule 2001.024
Content of Notice 2001.025
Effective Date of Notice 2001.026
Notice to Persons Requesting Advance Notice of Proposed Rules 2001.027
Withdrawal of Proposed Rule 2001.028
Notice of Proposed Law Enforcement Rules 2001.029
Public Comment 2001.030
Statement of Reasons for or Against Adoption 2001.031
Informal Conferences and Advisory Committees 2001.032
Legislative Review 2001.033
State Agency Order Adopting Rule 2001.034
Emergency Rulemaking 2001.035
Substantial Compliance Requirement 2001.036
Effective Date of Rules 2001.037
Official Text of Rule 2001.038
Declaratory Judgment 2001.039
Agency Review of Existing Rules 2001.040
Scope and Effect of Order Invalidating Agency Rule 2001.041
Compliance with Law on Decentralization 2001.0045
Requirement for Rule Increasing Costs to Regulated Persons 2001.051
Opportunity for Hearing and Participation 2001.052
Contents of Notice 2001.053
Right to Counsel 2001.054
Licenses 2001.055
Interpreters for Deaf or Hearing Impaired Parties and Witnesses 2001.056
Informal Disposition of Contested Case 2001.057
Continuances 2001.058
Hearing Conducted by State Office of Administrative Hearings 2001.059
Transcript 2001.060
Record 2001.061
Ex Parte Consultations 2001.062
Examination of Record by State Agency 2001.081
Rules of Evidence 2001.082
Exclusion of Evidence 2001.083
Privilege 2001.084
Objections to Evidence 2001.085
Written Evidence 2001.086
Documentary Evidence 2001.087
Cross-examination 2001.088
Witnesses 2001.089
Issuance of Subpoena 2001.090
Official Notice 2001.091
Discovery from Parties: Orders for Production or Inspection 2001.092
Discovery from Parties: Identity of Witness or Potential Party 2001.093
Discovery from Parties: Copy of Previous Statement 2001.094
Issuance of Commission Requiring Deposition 2001.095
Deposition of State Agency Board Member 2001.096
Place of Deposition 2001.097
Objections to Deposition Testimony 2001.098
Preparation of Deposition 2001.099
Submission of Deposition to Witness 2001.100
Return of Deposition to State Agency 2001.101
Opening of Deposition by State Agency Employee 2001.102
Use of Deposition 2001.103
Expenses of Witness or Deponent 2001.121
Statement or Testimony by Certain Child Abuse Victims 2001.122
Hearsay Statement of Child Abuse Victim 2001.141
Form of Decision 2001.142
Notification of Decisions and Orders 2001.143
Time of Decision 2001.144
Decisions or Orders 2001.145
Motions for Rehearing: Prerequisites to Appeal 2001.146
Motions for Rehearing: Procedures 2001.147
Agreement to Modify Time Limits 2001.171
Judicial Review 2001.172
Scope of Judicial Review 2001.173
Trial De Novo Review 2001.174
Review Under Substantial Evidence Rule or Undefined Scope of Review 2001.175
Procedures for Review Under Substantial Evidence Rule or Undefined Scope of Review 2001.176
Petition Initiating Judicial Review 2001.177
Cost of Preparing Agency Record 2001.178
Cumulative Effect 2001.201
Court Enforcement of Subpoena or Commission 2001.202
Court Enforcement of Final Orders, Decisions, and Rules 2001.0221
Government Growth Impact Statements 2001.221
Driver’s Licenses 2001.222
State Agency Personnel Rules and Practices 2001.223
Exceptions from Declaratory Judgment, Court Enforcement, and Contested Case Provisions 2001.224
Texas Employment Commission 2001.225
Certain Alcoholic Beverage Code Appeals 2001.0225
Regulatory Analysis of Major Environmental Rules 2001.226
Texas Department of Criminal Justice and Texas Board of Criminal Justice 2001.227
Texas Civil Commitment Office 2001.0261
Notice to Certain Persons 2001.901
Appeal from District Court 2001.902
Saving Clause 2001.903
Recovery of Attorney’s Fees and Costs in Contested Cases Involving Frivolous Regulatory Action 2001.1775
Modification of Agency Findings or Decision
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 2001.038’s source at texas​.gov