Substantial Compliance Requirement; Time Limit On Procedural Challenge

Sec. 2001.035. SUBSTANTIAL COMPLIANCE REQUIREMENT; TIME LIMIT ON PROCEDURAL CHALLENGE. (a) A rule is voidable unless a state agency adopts it in substantial compliance with Sections 2001.022 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 2001.022 through 2001.034 not later than the second anniversary of the effective date of the rule. (c) A state agency substantially complies with the requirements of Section 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. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 558, Sec. 3, eff. Sept. 1, 1999. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1 (S.B. 14), Sec. 5, eff. September 1, 2025.