Nonlegislative Rulemaking: Is Texas Moving Toward the Federal Courts’ Perspective on Agency Policy Statements and Interpretive Rules?

This comment examines nonlegislative rulemaking both under the federal system and in Texas. It begins by analyzing agency rulemaking powers and the role of nonlegislative rules in the administrative scheme. It covers the federal courts’ perspective on the distinction between nonlegislative and substantive rules, the developing perspective on nonlegislative rules by Texas Courts, and it suggests why and how Texas should move to a federal approach to nonlegislative rules.