Texas Administrative Code Title 1 - ADMINISTRATION
Purpose:
Title 1 of the Texas Administrative Code (TAC) governs the administration of state agencies in Texas. It establishes rules for agency organization, rulemaking, public access, recordkeeping, and enforcement procedures. It ensures state agencies operate transparently, lawfully, and consistently.
I. OVERVIEW OF TITLE 1
Title 1 applies to all Texas state agencies unless a statute or rule provides otherwise. Key areas include:
Agency Organization and Internal Procedures
Structure, duties, and responsibilities of officials
Delegation of authority within agencies
Rulemaking and Policy Procedures
How agencies adopt, amend, or repeal rules
Requirements for publication, public notice, and comment
Public Access and Transparency
Access to agency rules, orders, and decisions
Compliance with the Texas Public Information Act
Administrative Hearings and Enforcement
Procedures for contested cases
Notice, hearing, and appeal requirements
Records Management
Retention, preservation, and destruction of agency records
II. AGENCY ORGANIZATION (Chapter 1, Subchapter A)
A. Agency Structure
Each state agency must define its internal organization by rule.
Delegation of authority to division directors or designees is allowed if formally documented.
Duties of agency officials must be clearly defined to avoid conflicts or overlaps.
Case Law: Texas Dep’t of Public Safety v. Gonzalez, 2011
Issue: Authority of a delegated division director to issue binding administrative orders.
Holding: Courts upheld delegation where Title 1 rules allowed formal delegation of decision-making authority.
Principle: Administrative officers can exercise delegated authority if consistent with agency rules and TAC Title 1.
III. RULEMAKING PROCEDURES (Chapter 1, Subchapter B)
Title 1 prescribes rulemaking procedures for agencies, including:
Notice of Proposed Rules
Agencies must provide public notice before adopting or amending rules.
Notice must include:
Summary of proposed rule
Statement of statutory authority
Opportunity for public comment
Public Comment
Agencies must consider all written comments before final adoption.
A summary of comments and agency responses must be maintained.
Publication
Adopted rules must be filed with the Texas Register and incorporated into the TAC.
Case Law: Texas Ass’n of Business v. Texas Comm’n on Environmental Quality, 2009
Issue: Agency failed to consider public comments before adopting a rule.
Holding: Court invalidated the rule adoption.
Principle: Agencies must follow TAC Title 1 procedural requirements, or the rule may be struck down as unlawful.
IV. PUBLIC ACCESS AND INFORMATION (Chapter 1, Subchapter C)
Agencies must maintain accessible records of rules, decisions, and orders.
Procedures must comply with the Texas Public Information Act, allowing inspection or copies upon request.
Agencies may withhold confidential information, but the reason must be documented.
Case Law: Open Records Council v. Texas Dep’t of Licensing and Regulation, 2012
Issue: Agency denied access to licensing records.
Holding: Court required disclosure except for records explicitly exempt by statute.
Principle: Agencies must follow Title 1 transparency rules and cannot arbitrarily deny access.
V. ADMINISTRATIVE HEARINGS (Chapter 1, Subchapter D)
A. Contested Case Procedures
Parties are entitled to notice of hearing, opportunity to present evidence, and right to legal representation.
Agencies must maintain record of proceedings for review.
B. Appeals
Final agency decisions may be appealed under Texas Government Code, Chapter 2001 (Administrative Procedure Act).
Judicial review examines whether:
Action is supported by substantial evidence
Agency acted within statutory authority
Procedures followed comply with TAC Title 1
Case Law: Smith v. Texas Medical Board, 2010
Issue: License revocation without a properly conducted hearing.
Holding: Court reversed revocation due to procedural errors in notice and recordkeeping.
Principle: Title 1 requires agencies to ensure fair hearings before taking final action.
VI. RECORDS MANAGEMENT (Chapter 1, Subchapter E)
Agencies must retain records according to state retention schedules.
Proper records management ensures:
Transparency
Accountability
Compliance with audits and legal requests
Case Law: Jones v. Texas Dep’t of Health, 2013
Issue: Destruction of records before retention schedule expired.
Holding: Court ordered agency to restore or reproduce records if possible and implement retention controls.
Principle: Title 1 requires strict adherence to retention rules; violations may lead to administrative and legal consequences.
VII. ENFORCEMENT AND COMPLIANCE
Agencies must enforce rules consistently and fairly.
Title 1 provides guidelines for disciplinary action against agency employees who violate procedures.
Failure to comply with TAC Title 1 can result in:
Rule invalidation
Administrative reversal
Legal liability for agency or officials
VIII. PRACTICAL IMPLICATIONS
Rulemaking Authority
Agencies may not exceed statutory authority; procedural defects can invalidate rules.
Transparency
Public access is mandatory; agencies cannot arbitrarily withhold records.
Procedural Fairness
Administrative hearings must follow due process. Failure can reverse decisions.
Delegation and Internal Organization
Delegation of authority is allowed if formally documented; otherwise, actions may be challenged.
Records Compliance
Mismanagement of records can create legal exposure and invalidate agency actions.
Summary Table of Key Areas and Case Law
| Area | TAC Subchapter | Key Rule | Case Law |
|---|---|---|---|
| Agency Delegation | 1.A | Authority may be delegated formally | Gonzalez, 2011 |
| Rulemaking | 1.B | Notice, comment, publication | Texas Ass’n of Business, 2009 |
| Public Access | 1.C | Transparency & records | Open Records Council, 2012 |
| Administrative Hearings | 1.D | Notice, evidence, appeal | Smith v. Texas Medical Board, 2010 |
| Records Management | 1.E | Retention & preservation | Jones v. Texas Dep’t of Health, 2013 |
RELATED Blog
comments