TEC/TAC
Posted: Mon Mar 09, 2020 4:41 pm
What is the difference between the Texas Education Code and the Texas Administrative Code?
The Education Code contains the statutes passed by the legislature and signed into law by the governor. It can only be amended by other legislature, which means it can only be changed once every two years when the legislature meets.
The Texas Administrative Code includes Chapter 19 which sets forth the Commissioners Rules. There are regulations promulgated by the rulemaking process. They carry the force of law, but cannot contravene statute. They do not require governor approval. They are not voted on. They are published as proposals and opened to public comment. After the comment period ends, they can be enacted as published, as amended or withdrawn. These "laws" are not made or reviewed by any elected official.
Hope this helps.