What is an administrative rule?
An administrative rule is a law created by the executive branch of government in Texas that has the same effect as a statute passed by the legislature. Administrative rules are used by administrative agencies to provide guidance and direction for how they should conduct their operations and enforce the laws they are responsible for administering. Administrative rules are created through a process called rulemaking, which involves the agency issuing a proposed rule in the Texas Register, allowing public comment, and then issuing a final version of the rule in the Texas Register. Administrative rules can be rescinded or modified by the agency at any time. Examples of administrative rules include standards for air quality, workplace safety, and water quality. Administrative rules also determine which activities are allowed and prohibited in certain places, and may specify punishments or fines for violations. Administrative rules serve to fill in the gaps that laws passed by the legislature may not cover and provide administrative agencies with a degree of flexibility when enforcing and upholding the law.
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