Texas Attorney General Opinion: LO98-056 Page: 1 of 2
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@ffice of the lttornep @eneral
6tate of Texas
DAN MORALES
ATTORNEY GENERAL July 28, 1998
The Honorable James W. Smith, Jr. Letter Opinion No. 98-056
Frio County Attorney
500 East San Antonio Street, Box 1 Re: Effective date of amendments to subchapter
Pearsall, Texas 78061-3100 T, chapter 65, title 31, Texas Administrative Code
(RQ-1097)
Dear Mr. Smith:
You have asked this office the effective date of certain amendments to the Texas Administra-
tive Code ("TAC") adopted by the Parks and Wildlife Commission (the "commission") on
January 21, 1998. In particular, you ask whether such amendments were effective on
February 1, 1998. They were not.
The amendments with which you are concerned deal with title 31, chapter 65, subchapter T
of the Administrative Code. In particular, you are interested in the effective date of the repeal of 31
TAC section 65.606, which dealt with inspection of the facilities of persons applying for or
possessing a scientific breeder's permit.
As you explain the facts which lead to your request, a rancher in Frio County with such a
permit attended a meeting of the Parks and Wildlife Commission on January 21, 1998, at which the
commission adopted the relevant amendments, including the repeal of section 65.606, subsection
(b) of which had provided that "Each new facility or addition to an existing facility must be
inspected prior to the placement of deer in that facility or addition."
Apparently believing that the rules change was immediately effective, the rancher placed deer
in a new facility without prior inspection on February 1, 1998, and received a citation for doing so
from a Parks and Wildlife warden on February 9.
As you correctly point out, the general rule pursuant to Government Code section
2001.036(a) is that "A rule takes effect 20 days after the date on which it is filed in the office of the
secretary of state ... ." It follows, you argue, that "[e]ven if the rule change..,. was filed on
January 21, 1998, twenty days did not elapse when [the rancher] placed deer in the unapproved
additions to his facility on February 1, 1998," and that consequently section 65.606(b) was violated.
We agree.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO98-056, text, July 28, 1998; (https://texashistory.unt.edu/ark:/67531/metapth277352/m1/1/: accessed June 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.