Texas Administrative Law: Trials, Triumphs, and New Challenges

Abstract

The first part of this article is a comprehensive summary of the history and movements that led to the Texas Administrative Procedures Act, such as: the federal administrative law movement, Federal APA of 1946, the Chenery Doctrine, rulemaking, model state APA movement, and Texas’s adoption of “Substantial Evidence De Novo” standard. The second part of this article is a compilation of top Texas administrative cases and statutory changes since 1975. The third part of this article discusses how SOAH, enforcement concerns, regulatory policy pressure, technology, and federal preemption are influencing administrative law in Texas. Further, it explores how traditional executive branch officials in Texas are gaining administrative authority. Lastly, the article addresses the Texas judicial review structure and compares it to the federal judicial review structure.