Texas Administrative Code

Overview

The Texas Administrative Code (TAC) is a comprehensive collection of rules and regulations, created by various state agencies, departments, and commissions in Texas.

These regulations cover numerous aspects of public life, from environmental protection and healthcare services to education, banking, and transportation.

For example, Title 25 of the TAC outlines standards for healthcare facilities and nursing homes, including licensure requirements, facility inspections, and operational protocols such as infection control, emergency preparedness plans, and quality assurance.

The Texas Administrative Code plays a crucial role in shaping the regulatory landscape in Texas. It provides transparency for businesses, legal professionals, and the public about how state agencies interpret and implement laws.

Administrative vs. Statutory Law

The rules in the Texas Administrative Code are a form of “administrative law,” distinct from statutory or constitutional law, and are created by the executive branch of state government under the authority granted by the Texas legislature.

Unlike laws, which are enacted by the state legislature, rules in the Texas Administrative Code are developed by executive agencies to implement and enforce legislative intent. The process of creating these regulations typically involves several stages, including the pre-publication of draft rules, a period for public comment, and formal adoption in a public meeting.

History of the Texas Administrative Code

The origins of the Texas Administrative Code date back to the early 20th century, though the formal compilation and organization of state regulations did not occur until the Administrative Code Act of 1977. Before this, Texas regulations were scattered across numerous legal publications, such as the Texas Register, which made it difficult to locate and reference rules consistently. Agencies often issued their own rules without a uniform structure, leading to inconsistencies in how rules were created, published, and enforced.

As Texas grew in population and complexity, there was an increasing need for a more organized and accessible system to compile the state’s rules and regulations. The passage of the Administrative Code Act marked the beginning of an effort to centralize and standardize this process, ultimately resulting in the creation of the Texas Administrative Code as we know it today.

Compilation of the Code

The Texas Secretary of State is responsible for compiling, updating, and maintaining the Texas Administrative Code. The Code is available for free online to the public through the Secretary of State’s official website.

It’s important to note, however, that while the Secretary of State’s office makes the Code accessible, it does not interpret or enforce the regulations. Enforcement and interpretation of the rules are generally the responsibility of the agencies that promulgated them.

Structure of the Texas Administrative Code

The Texas Administrative Code is organized into 17 titles, each covering a broad area of public policy, ranging from health services and education to transportation and public safety. Here is a list of the 17 titles:

• Title 1: Administration
• Title 4: Agriculture
• Title 7: Banking and Securities
• Title 10: Community Development
• Title 13: Cultural Resources
• Title 16: Economic Regulation
• Title 19: Education
• Title 22: Examining Boards
• Title 25: Health Services
• Title 26: Health and Human Services
• Title 28: Insurance
• Title 30: Environmental Quality
• Title 31: Natural Resources and Conservation
• Title 34: Public Finance
• Title 37: Public Safety and Corrections
• Title 40: Social Services and Assistance
• Title 43: Transportation

Examples of Regulations

Here are some varied examples of regulations from the Texas Administrative Code:

• 30 TAC §335.10 – Requires management of hazardous waste, including identification, treatment, and disposal to protect public health.
• 30 TAC §217.58 – Sets vehicle emissions standards to meet air quality regulations.
• 19 TAC §102.1055 – Outlines special education program criteria for Texas public schools.
• 34 TAC §3.501 – Regulates ethical debt collection practices to protect consumers.
• 37 TAC §15.1 – Defines qualifications and training for Texas peace officers.
• 4 TAC §61.1 – Regulates livestock brand registration and ownership.
• 25 TAC §169.2 – Sets rules for the import, sale, and possession of exotic animals.

Accessing the Texas Administrative Code

The full Texas Administrative Code is available online via the Texas Secretary of State’s website. A search function is available here.