Sec. 2001.003. DEFINITIONS. In this chapter:
(1) "Contested case" means a proceeding, including a ratemaking or licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing.
(2) "License" includes the whole or a part of a state agency permit, certificate, approval, registration, or similar form of permission required by law.
(3) "Licensing" includes a state agency process relating to the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.
(4) "Party" means a person or state agency named or admitted as a party.
(5) "Person" means an individual, partnership, corporation, association, governmental subdivision, or public or private organization that is not a state agency.
(6) "Rule":
(A) means a state agency statement of general applicability that:
(i) implements, interprets, or prescribes law or policy; or
(ii) describes the procedure or practice requirements of a state agency;
(B) includes the amendment or repeal of a prior rule; and
(C) does not include a statement regarding only the internal management or organization of a state agency and not affecting private rights or procedures.
(7) "State agency" means a state officer, board, commission, or department with statewide jurisdiction that makes rules or determines contested cases. The term includes the State Office of Administrative Hearings for the purpose of determining contested cases. The term does not include:
(A) a state agency wholly financed by federal money;
(B) the legislature;
(C) the courts;
(D) the Texas Department of Insurance, as regards proceedings and activities under Title 5, Labor Code, of the department, the commissioner of insurance, or the commissioner of workers' compensation; or
(E) an institution of higher education.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.007, eff. September 1, 2005.
Structure Texas Statutes
Subtitle A - Administrative Procedure and Practice
Chapter 2001 - Administrative Procedure
Subchapter A. General Provisions
Section 2001.004. Requirement to Adopt Rules of Practice and Index Rules, Orders, and Decisions
Section 2001.0045. Requirement for Rule Increasing Costs to Regulated Persons
Section 2001.005. Rule, Order, or Decision Not Effective Until Indexed
Section 2001.006. Actions Preparatory to Implementation of Statute or Rule
Section 2001.007. Certain Explanatory Information Made Available Through Internet