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 a proposed rule under the division’s review until the division has approved the rule.
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 changes, 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.
Active Rule Reviews
The following proposed rules are currently under review by the division. The division has 90 days from the receipt of a completed rule submission from a state agency to conduct its review.
Texas Department of Motor Vehicles, Title 43 Texas Administrative Code §217.3, §§217.141-217.143, and §§217.401-217.407
Public Comment Period Closes Monday, February 3, 2020
View TxDMV Rule Submission Memorandum for Rules 217.3, 217.141-217.143, and 217.401-217.407
The division welcomes public comments on 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 webpage. In order for comments to be considered, the identity of the commenter must be clearly indicated. The division may not consider anonymous comments.
Notice: Please be aware that all information that you submit to the division is subject to public disclosure under the Texas Public Information Act. Individuals requesting documents maintained by the Office of the Governor under the PIA should submit those requests to the Public Information Coordinator.
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
Completed Rule Reviews
After conducting its review of a proposed rule, the division issues a determination letter approving or rejecting the rule. All of the division’s determination letters will be made available to the public here.
- Texas Real Estate Commission, Title 22 Texas Administrative Code §535.209, §535.212, §535.213, and §535.214
View Determination Letter for Rules 535.209, 535.212, 535.213, and 535.214
- Texas Department of Motor Vehicles, Title 43 Texas Administrative Code §215.161
View Determination Letter for Rule 215.161
- Texas Department of Motor Vehicles, Title 43 Texas Administrative Code §217.2, §217.45, and §217.46
View Determination Letter for Rules 217.2, 217.45, and 217.46
- Texas Department of Motor Vehicles, Title 43 Texas Administrative Code §217.16 and §217.40
View Determination Letter for Rules 217.16 and 217.40
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.
For more information, please send us a message or call 512-463-8500.