Reducing the Frequency and Impact of Procedural Challenges to Adopted Rules: The Legislature’s Direct Effort to Squeeze Out the Need for Court Interpretation of the APA

This article discusses the amendment to the Texas Administrative Procedure Acts that adds a provision for courts to remand a rule to an agency if the agency has not substantially complied with the rule adoption procedural requirements. The article discusses two cases in which agencies were affected by the new rule. Lastly, the article points out that the new provision gives the courts less judiciary interpretation and the APA greater power by reducing the frequency and impact of procedural challenges to adopted rules.