Texas State Agency Rule Making Authority
by admin - August 7th, 2009.Filed under: Administrative Appeals, Federal Contracting & Appeals, General Texas Administrative Law, Licensing & Defense Law, Soverign Governmental Immunity, Texas Agency Board Defense Law, Texas Agency Compliance & Reporting Law, Texas Agriculture Law, Texas Alcohol & Beverage Law, Texas Architect Defense Law, Texas Cable Law, Texas Commercial Development Law, Texas Commercial Driver's License Defense Law, Texas Comptroller of Public Accounts Law, Texas Condemnation & Inverse Condemnation Law, Texas Customs & Border Law, Texas Dental Defense Law, Texas Driver's License Defense Law, Texas Electric Law, Texas Engineer Defense Law, Texas Environmental Law, Texas Hotel & Resort Law, Texas Import & Export Law, Texas Insurance Agent Defense Law, Texas Land Use & Zoning Law, Texas Lottery Winner Representation Law, Texas Medical & Doctor Defense Law, Texas Nurse Defense Law, Texas Oil & Gas Law, Texas Petroleum & Refinery Law, Texas Railroad Commission Law, Texas Real Estate Agent & Broker Defense Law, Texas Restaurant Law & Representation, Texas Retail Law & Representation, Texas School Law and Independent School District Law & Representation, Texas State Agency Rule Making, Texas Teachers Defense Law, Texas Telecommunications Law, Texas Tourism Law, Texas Transportation Law, Texas Utilities Law, Texas Veterinarian Defense Law, Texas Water Rights and Water Law, Uncategorized. Tagged as: Austin Administrative Attorney, Texas Administrative Attorney & Lawyer, Texas State Agency Rule Making.
An agency may adopt only such rules as are authorized by and consistent with its statutory authority. See R.R. Comm’n of Tex. v. Lone Star Gas Co., 844 S.W.2d 679, 685 (Tex. 1992). Such authority may be either expressly conferred by statute or implied from other powers and duties given or imposed by statute. Id. In deciding whether a particular administrative agency has exceeded its rule-making powers, the determinative factor is whether the rule’s provisions are “in harmony with the general objectives of the Act involved.” See Gerst v. Oak Cliff Sav. & Loan Ass’n, 432 S.W.2d 702, 706 (Tex. 1968); see Citizens Bank of Bryan v. First State Bank, Hearne, Tex., 580 S.W. 2d 344, 348 (Tex. 1979).
Texas stakeolders and citizens have a right to contest state agency rule making authority and rules. Contact a Texas Administrative Law Attorney to assist you with filing such contests.