Tex.
Occ. Code Section 801.022
Temporary Administration of Chapter by Department; Rules
(a)
Notwithstanding any other law, the department shall assume all policy-making powers of the board and administer this chapter. The department may contract as necessary to administer this chapter.(b)
A power or duty granted to the board under this chapter is a power or duty of the executive director of the department, the department, or the commission, as applicable.(c)
The commission or executive director of the department may delegate, or withdraw any delegation of, any power or duty under this chapter to the board or the executive director of the board. The delegation or withdrawal of delegation must be in writing.(d)
Except as provided by Section 801.024 (Advisory Board)(c), the commission shall adopt all rules necessary to implement this chapter.(e)
Not later than December 31, 2026, the department shall conduct a review under Section 2001.039 (Agency Review of Existing Rules), Government Code, of each rule under 22 T.A.C. Part 24. In conducting the review under this subsection, the department shall ensure that license holders and the public have a meaningful opportunity to provide input and recommend changes to the rules.(f)
The department shall propose necessary amendments to a rule, or the repeal of a rule, for which the department determines the board lacks a sufficient reason or authority to adopt or enforce.(g)
For any rulemaking or contested case for which an expert witness is necessary, the commission or department, as applicable, may have a member of the board who is a veterinarian licensed in good standing in this state serve as the expert witness.
Source:
Section 801.022 — Temporary Administration of Chapter by Department; Rules, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.801.htm#801.022 (accessed Jun. 5, 2024).
