Texas Government Code 2001.035 – Substantial Compliance Requirement; Time Limit On Procedural Challenge
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(a) A rule is voidable unless a state agency adopts it in substantial compliance with Sections 2001.0225 through 2001.034.
(b) A person must initiate a proceeding to contest a rule on the ground of noncompliance with the procedural requirements of Sections 2001.0225 through 2001.034 not later than the second anniversary of the effective date of the rule.
Terms Used In Texas Government Code 2001.035
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) A state agency substantially complies with the requirements of § 2001.033 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.