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Agricultural and Environmental Policy

How Law Works

1.  Congressional/Statutory Law

  • Created by Congress
  • When something is proposed, it is called a bill.  Bills must pass both houses of Congress and be signed by the President.
  • If the bill passes and is signed, it becomes a law.

2.  Administrative Law/Regulatory Law 

  • Created by administrative agencies (like the EPA, FDA, Department of Labor) in response to a law from Congress
  • When an agency first issues its regulation, it is called a proposed rule.  When it is approved, it is called a rule.
  • Rules/regulations have the force of law, just like laws passed by Congress.

Remember:  The law from Congress and the regulations from the agency are connected.  They accompany each other.  Law is broad.  Regulations fill in the details.

 

How to Read a Legal Citation

diagram of CFR citation Diagram of FR citation

 

Flinding Statutes, Regulations, and Legal Authority

Strategy:  Notice any legal citation reference in your research because that is pointing you to the actual law that is relevant.  Then look it up yourself to pinpoint the exact section for your issue.

Federal Law

Type of Law Description Where to Find

Congressional Law

(passed by Congress)

 

Individual bills move through Congress.  The text shows the entire bill and the changes it is designed to make to already existing law.

Examples: HR 151 (House bill), S. 9 (Senate bill).

Bills that are passed (i.e., laws) are all combined and codified into one set of books called the United States Code (U.S.C.). The U.S. Code is the current law of the United States.

Example: 16 USC 1531

                  21 USC 341

congress.gov (for bills and legislative history)


United States Code Online (for current federal laws)

Regulatory Law

(passed by government agencies)

 

 

 

Proposed  and final rules appear in the Federal Register.  Stakeholders can submit letters called comments to tell how the proposed rule affects them and if they think it should be approved.

Example:  71 FR 47178 

                 69 FR 10302


All final rules are grouped by subject and codified in the Code of Federal Regulations (CFR).


Example: 21 CFR 101.91

                  7 CFR 701

federalregister.gov (for proposed and final rules)

regulations.gov (for stakeholders' comments on rules)

Code of Federal Regulations (eCFR) (for current regulations by topic)

 

Texas Law

Type of Law Description Where to Find

Congressional Law

(passed by Congress)

 
Examples: HB 43 (TX. House bill), SB 9 (TX. Senate bill).

Bills that are passed (i.e., laws) are all combined and codified into the Texas Statutes.

Example: Tex. Nat. Res. Code 89.043

Texas Legislature Online (for bills and legislative history)


Texas Statutes

(current Texas law by topic)

Regulatory Law

(passed by government agencies)

 

 

 

Proposed  and final rules appear in the Texas Register.  Stakeholders can submit letters called comments to tell how the proposed rule affects them and if they think it should be approved.

Example:  50 Tex. Reg. 6408  (Texas Register citation)


All final rules are grouped by subject and codified in the Texas Administrative Code.


Example: 31 TAC 531

Texas Register

(for proposed and final rules)

 

 

Texas Administrative Code (for current regulations by topic)