Regulatory Compliance Division
The Regulatory Compliance Division conducts an independent review of certain state licensing agencies’ proposed rules that affect market competition. The division, after review of a proposed rule, issues a determination letter approving or rejecting the rule. A state agency may not finally adopt or implement a proposed rule under the division’s review until the division has approved the rule or the agency has revised the rule according to the division’s instructions.
The Regulatory Compliance Division was authorized by Senate Bill 1995 during the 86th Regular Legislative Session and is established in accordance with Subchapter C, Chapter 57, Texas Occupations Code. Senate Bill 1995 was passed in response to the United States Supreme Court’s decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission and guidance later issued by the Federal Trade Commission.
The division reviews proposed rules that affect market competition to assess their consistency with state policy as clearly articulated by the Legislature in state statute. Affected state agencies are required to submit all proposed rules affecting market competition, including new rules, rule amendments, rule repeals, and rules that the agencies propose to readopt or repeal after a review under Section 2001.039, Texas Government Code. A rule affects market competition if it would create a barrier to market participation in the state or would result in higher prices or reduced competition for a product or service provided by or to a license holder in the state. The division’s review process ensures that there is sufficient legal authority for proposed rules that may be anticompetitive, thus providing important protections for Texas consumers, licensed professionals, and state boards and their volunteer members.
Proposed Division Rules
The division proposed amendments and a new rule in the September 3, 2021, issue of the Texas Register. View the proposed rules here. Public comments on the proposed rules will be accepted through October 2, 2021, and may be submitted to Erin Bennett, Director, Regulatory Compliance Division, Office of the Governor, by email to RegulatoryCompliance@gov.texas.gov with the subject line “Division Rules.”
Active Rule Reviews
The following proposed rules are currently under review by the division. The division must complete each review not later than the 90th day after the date the proposed rule was submitted to the division.
- Texas Board of Chiropractic Examiners, Title 22 Texas Administrative Code §§72.18 and 72.19. Public comments will be accepted through November 11, 2021. View Rule Submission Memorandum for Rules 72.18 and 72.19.
- Texas State Board of Plumbing Examiners, Title 22 Texas Administrative Code §§365.22 and 365.24. Public comments will be accepted through November 1, 2021. View Rule Submission Memorandum for Rules 365.22 and 365.24.
- Texas State Board of Plumbing Examiners, Title 22 Texas Administrative Code §365.5. Public comments will be accepted through October 29, 2021. View Rule Submission Memorandum for Rule 365.5.
The division welcomes public comments on the proposed rules currently under review. In order for comments to be considered by the division, they must be submitted to the division in writing not later than the deadline provided by the division on this website. In order for comments to be considered, the identity of the commenter must be clearly indicated. The division may not consider anonymous comments.
Please be aware that all information you submit to the division is subject to public disclosure under the Texas Public Information Act.
Office of the Governor
Attn: Regulatory Compliance Division
P.O. Box 12428
Austin, Texas 78711-2428
Office of the Governor
Attn: Regulatory Compliance Division
State Insurance Building
1100 San Jacinto
Austin, Texas 78701
Publicly Available Documents
If you would like to request documents relating to the division’s review of a proposed rule maintained by the Office of the Governor, you may use the Texas Public Information Act Request Form or follow the office’s instructions for making a public information request.
Completed Rule Reviews
After conducting its review of a proposed rule, the division issues a determination letter approving or rejecting the rule. To view the division’s determination letters, please visit the Determination Letters page.
Affected State Agencies
Only the following state agencies are required to submit proposed rules to the division. These agencies are only required to submit rules that the agency has determined affect market competition or that the division has identified as possibly affecting market competition.
- Texas State Board of Public Accountancy
- Texas Appraiser Licensing and Certification Board
- Texas Board of Architectural Examiners
- Texas Behavioral Health Executive Council
- Texas Board of Chiropractic Examiners
- State Board of Dental Examiners
- Texas Board of Professional Engineers and Land Surveyors
- Finance Commission of Texas
- Texas Commission on Fire Protection
- Texas Funeral Service Commission
- Texas Board of Professional Geoscientists
- Texas Commission on Law Enforcement
- Texas Medical Board
- Texas State Board of Acupuncture Examiners
- Texas Board of Medical Radiologic Technology
- Texas Physician Assistant Board
- Texas Board of Respiratory Care
- Texas Department of Motor Vehicles
- Texas Board of Nursing
- Texas Board of Occupational Therapy Examiners
- Texas Optometry Board
- Texas State Board of Pharmacy
- Texas Board of Physical Therapy Examiners
- Texas State Board of Plumbing Examiners
- Texas Real Estate Commission
- Council on Sex Offender Treatment
- State Board of Veterinary Medical Examiners
State Agency Information
The division has provided guidance to affected state agencies on the division’s policies and procedures. That guidance and the rule submission memorandum template that agencies must use when submitting a proposed rule to the division are below.
Subchapter C, Chapter 57, Texas Occupations Code, establishes and governs the Regulatory Compliance Division. This subchapter was added to the Texas Occupations Code by Senate Bill 1995 during the 86th Regular Legislative Session.
The division’s rules at 1 TAC §§5.201-5.213 contain additional guidance for agencies submitting proposed rules to the division and detail the division’s practices for reviewing proposed rules.
For more information, please send us a message or call 512-463-8500.