Legal Research Process

As with federal research, once you have found relevant regulations in the TAC, you may wish to understand why the regulation appears the way that it does. Compiling a regulatory history may help. That is, just as one can turn to legislative history as a possible means for understanding legislative intent as a tool in statutory interpretation, so can a researcher try to piece together an agency's intent.

Searching with a Texas Administrative Code Citation

Steps: 

1. Look up the TAC citation 
   • The Secretary of State is required to make the full text available to the pubic on their website. 
     • There are two formats available:
       • The TAC Viewer allows you to view and browse the complete TAC in effect today. This format is arranged by title, part, and chapter. 
       • The searchable database allows you to view and search individual sections of the TAC. Using the searchable database is recommended because it allows you to link out to the Texas Register. 
   • Ex: 25 Tex. Admin. Code § 1.171 (2021) 
2. Once you have located the rule in the TAC, look for the Source Note. The Source Note will indicate the Texas Register citation. 
   • If you are searching through the searchable database, you will see a link to the Texas Register on the right side of the screen. If you click it, the link will take you to the Texas Register. All Proposed, Final/Adopted, and Emergency rules should be listed. Ex: Texas Register Linked Page  
   • If you are not using the searchable database, then you could use the Texas Register citation to locate the rule in the Texas Register. 
3. Look up the relevant Texas Register citation that led to the portion of the current rule that interests you. Ex: Final Rule/Adopted Rule 
   • Once you have located the final rule, review the preamble. It explains adoption and addresses public comments. It also states the enabling statute and the effective date. Ex: Final Rule Preamble 
4. Look up the relevant proposed rule. Ex: Proposed Rule 
   • Once you have located the proposed rule, review the preamble. This section will have supplementary information such as background and purpose, summary, fiscal impact, public benefit, information about comments, and statutory authority. Ex: Proposed Rule Preamble 
   • The text of the proposed rule will include the filing date and earliest possible date of adoption. 
5. Try to locate comments submitted to the agency. 
   • You can sometimes find comments on organization's websites. 

     • Ex1

     • Ex2

     • Ex3

6. Find agency decisions to see how the rule is applied and interpreted. 
   • See the Administrative Hearings page of this guide. 

Searching without a Texas Administrative Code Citation

Steps:  

1. Identify secondary sources discussing administrative regulation of the area of law in which you are interested. 
   • Some useful secondary sources include: 
     • Texas Administrative Practice and Procedure available on Lexis
     • Drosaneo, Texas Litigation Guide Chapter 420 Introduction to Administrative Agencies available on Lexis
2. Find the enabling act or section of the Texas constitution granting the agency power to act. 
3. Find the relevant rule in the Texas Administrative Code. 
   • See the Texas Administrative Code page of this guide. 
4. Check the Texas Register to see if any there are any proposed rules or emergency rules. 
   • See the Texas Register page of this guide. 
5. Find agency decisions to see how the rule is applied and interpreted. 
   • See the Administrative Hearings page of this guide.