On What Authority?

Typically, registry listing of sex offenders is controlled entirely by legislatures. The statutory definitions list who is required to register and the penalty for not registering is also defined by a criminal statute. However, in some states, in certain circumstances, the decision to list an offender is delegated to an executive or judicial body. Grits for Breakfast has the story that raises an interesting legal issue about whether the TYC in Texas can force juveniles into the sex offender registry in some situations. From Grits: 

From the DA's letter, here's the exact issue at question: 

Specifically, your opinion is sought on whether section 87.85(g)(3) of the Texas Administrative Code, which authorizes TYC to require the registration of juvenile offenders who are discharged from TYC without successfully completing treatment, is in conflict with article 62.352(c) of the Texas Code of Criminal Procedure, which grants the juvenile court continuing jurisdiction on this issue. (Ed. note: links added) 

Interesting question. It seems like, from this non-attorney's perspective, that when the administrative code and an actual statute conflict, the greater weight is usually given to what the Legislature penned as opposed to agency-generated rules. But it's hard to predict how AG Greg Abbott will decide because there's no telling these days whether the opinion will be a political statement or a legal interpretation - we've seen his office issue both in recent times in the guise of AG opinions, and lately anything related to sex offenders inevitably takes on a highly politicized air. Making the matter more difficult, the TAC language in question specifically declares, "If the duty to register has been deferred and the youth is discharged from TYC without successfully completing treatment for sex offense, the PSW shall register the youth."

I'm not sure there is a generally applicable interpretive rule about which rule has higher authority. One of the commenters at Grits raises the possibility that there is no conflict at all:

No youth is placed on sex offender registration over the objections of the committing juvenile judge since the juvenile judge has continuing jurisdiction. A juvenile judge makes the initial registration determination and unless that judge issues another order the registration will occur or if it occurs the judge should be able to set TYC's registration action aside under continuing jurisdiction, which is the question Tarrant County should ask. Additionally they should be asking about how the federal law registering sex offenders affects juvenile offenders.

I don't know enough about Texas juvenile law to know if that is correct or not. However, the potential conflict raises an interesting legal point that could certainly come up in several juvenile cases where treatment is not completed. Regardless, I prefer the occassional conflict and confusion between judicial and administrative bodies to the one-size-fits-all approach of legislative action.