Sec. 2001.040.  SCOPE AND EFFECT OF ORDER INVALIDATING AGENCY RULE.  If a court finds that an agency has not substantially complied with one or more procedural requirements of Sections 2001.0225 through 2001.034, the court may remand the rule, or a portion of the rule, to the agency and, if it does so remand, shall provide a reasonable time for the agency to either revise or readopt the rule through established procedure.  During the remand period, the rule shall remain effective unless the court finds good cause to invalidate the rule or a portion of the rule, effective as of the date of the court's order.
Added by Acts 1999, 76th Leg., ch. 558, Sec. 4, eff. Sept. 1, 1999.  Renumbered from Sec. 2001.039 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(64), eff. Sept. 1, 2001.