Sec. 2001.040. SCOPE AND EFFECT OF ORDER INVALIDATING AGENCY RULE. If a court finds that an agency has not substantially complied with one or more procedural requirements of Sections 2001.0225 through 2001.034, the court may remand the rule, or a portion of the rule, to the agency and, if it does so remand, shall provide a reasonable time for the agency to either revise or readopt the rule through established procedure. During the remand period, the rule shall remain effective unless the court finds good cause to invalidate the rule or a portion of the rule, effective as of the date of the court's order.
Added by Acts 1999, 76th Leg., ch. 558, Sec. 4, eff. Sept. 1, 1999. Renumbered from Sec. 2001.039 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(64), eff. Sept. 1, 2001.
Structure Texas Statutes
Subtitle A - Administrative Procedure and Practice
Chapter 2001 - Administrative Procedure
Section 2001.021. Petition for Adoption of Rules
Section 2001.022. Local Employment Impact Statements
Section 2001.0221. Government Growth Impact Statements
Section 2001.0225. Regulatory Analysis of Major Environmental Rules
Section 2001.023. Notice of Proposed Rule
Section 2001.024. Content of Notice
Section 2001.025. Effective Date of Notice
Section 2001.026. Notice to Persons Requesting Advance Notice of Proposed Rules
Section 2001.028. Notice of Proposed Law Enforcement Rules
Section 2001.029. Public Comment
Section 2001.030. Statement of Reasons for or Against Adoption
Section 2001.031. Informal Conferences and Advisory Committees
Section 2001.032. Legislative Review
Section 2001.033. State Agency Order Adopting Rule
Section 2001.034. Emergency Rulemaking
Section 2001.035. Substantial Compliance Requirement; Time Limit on Procedural Challenge
Section 2001.036. Effective Date of Rules; Effect of Filing With Secretary of State
Section 2001.037. Official Text of Rule
Section 2001.038. Declaratory Judgment
Section 2001.039. Agency Review of Existing Rules
Section 2001.040. Scope and Effect of Order Invalidating Agency Rule