What is a rule?

Answer: A rule is an agency statement that implements, interprets, applies or enforces laws or policies. A rule that is within the agency’s authority to adopt has the force and effect of law.

What is the difference between a rule and a law?

Answer: A rule is adopted by an agency; a statute is a law that is passed by the state Legislature.

Why are rules necessary?

Answer: Rules may be necessary to further clarify laws that impact the agency and to explain how the agency will implement specific statutes or carry out its duties.  Rules are also necessary for an agency to maintain transparency to the public regarding how the agency operates and performs certain functions that affect the public.

What is the Texas Register?

Answer: The Texas Register is a weekly publication of the Texas Secretary of State that serves as the journal of state agency rulemaking for Texas. Information published in the Texas Register includes proposed, adopted, withdrawn and emergency rule actions; notices of state agency review of agency rules; governor's appointments; attorney general opinions; and miscellaneous documents such as requests for proposals.

What is the Texas Administrative Code?

Answer: The Texas Administrative Code (TAC) is a compilation of all state agency rules in Texas. All Texas state agency rules, including DFPS rules, can be found on the Secretary of State’s website.

What is the difference between a proposed rule and an adopted rule?

Answer: A proposed rule is a rule that a state agency intends to adopt. The state agency provides notice of this intention by publishing a notice of the proposed rule in the Texas Register. The notice includes a request for comments on the proposed rule. An adopted rule is the version of a rule that is adopted by a state agency after the agency has given a reasonable opportunity for people to submit comments on the proposed rule.  Adopted rules are filed with the Texas Secretary of State for publication in the Texas Register. Adopted rules are codified in the Texas Administrative Code.

How do I submit my comments on a proposed rule?

Answer: When a state agency takes a rulemaking action, such as proposing new, amended or repealed rules, the Administrative Procedure Act (Texas Government Code, Chapter 2001)  requires the agency to provide notice in the Texas Register. This notice includes a brief explanation of the proposed rule and a request for public comments.  Anyone can submit comments on a proposed rule by following the instructions provided in the rule notice published in the Texas Register.  The notice will identify the deadline for comments and explain how to submit them. 

When can I submit a public comment on a proposed rule?

Answer: The public comment period on a proposed rule begins when the proposed rule is published in the Texas Register. The comment period lasts 30 days unless another date is specified.

Can I provide input through an advisory committee meeting?

Answer: Yes. Input may be given on rules at the Partners for Children and Families Committee (PCFC) meetings.

If the meeting is held and your comment is made during the formal public comment period for the rule you are speaking on, DFPS will submit your written comment to the rules email box (rules@dfps.texas.gov) on your behalf.

The schedule for upcoming PCFC meetings can be found at DFPS Advisory Committees.

What happens after I submit a public comment?

Answer: If you submit a public comment on a rule in the manner prescribed by the Notice of Proposed Rules in the Texas Register, at the end of the comment period DFPS Office of General Counsel will send a written response to you. Your comment and the response will also be posted in the Notice of Adoption on the Texas Register.

When does an adopted rule become effective?

Answer: Typically, a rule takes effect 20 calendar days after the date the adopted rule is filed with the Texas Secretary of State.  A state agency can request a later effective date as needed, but not an earlier effective date.

Where can I see all the Department of Family Protective Services (DFPS) Texas Administrative Codes?

Answer: The DFPS TAC rules are categorized in Title 40 (Social Services and Assistance), Part 19 (Department of Family and Protective Services) of the Texas Administrative Code. Visit Texas Administrative Codes to view all of the DFPS rules.

How can I submit a petition for rulemaking to the commissioner?

Answer: To prepare a petition for a DFPS rulemaking, see DFPS rule §730.301. Petition for Proposed Rulemaking.

How do I sign up for DFPS rulemaking updates?

Answer:  Sign up for DFPS Email Updates - DFPS Rulemaking. If you already receive email updates from DFPS, manage your existing preferences and add the DFPS Rulemaking topic to your subscription list.