Part IV.
Office of the Secretary of State
Chapter 91.
Texas Register
The Office of the Secretary of the State, Texas Register, adopts the
repeal of §§91.1, 91.12, 91.19, 91.21-91.26, 91.31, 91.41-91.43,
91.51, 91.71-91.75, 91.91, 91.97, 91.124, 91.131-91.135, and new §§91.1,
91.7, 91.9, 91.11, 91.13, 91.15, 91.17, 91.19, 91.21, 91.23, 91.25, 91.27,
91.29, 91.31, 91.61, 91.63, 91.65, 91.67, 91.69, 91.71, 91.73, 91.75, and
91.77, concerning Texas Register procedures. New §§91.1, 91.9,
91.13, 91.15, 91.17, 91.19, 91.21, 91.23, 91.29, 91.31, 91.63, 91.65, 91.67,
91.71, 91.73, and 91.77 are adopted with changes to the proposed text as
published in the July 29, 1997, issue (22 TexReg 6991). Section 91.61 was
withdrawn and reproposed in the October 17, 1997, issue (22 TexReg 10203).
It is being adopted with changes. The repeals of §§91.1, 91.12,
91.19, 91.21-91.26, 91.31, 91.41-91.43, 91.51, 91.71-91.75, 91.91, 91.97,
91.124, 91.131-91.135 and new §§91.7, 91.11, 91.25, 91.27, and
91.69 are adopted without changes and will not be republished. We are withdrawing
proposed new §91.91 in this issue and will repropose it at a future
date. We also withdrew the
proposed repeal of §91.121 and §91.122.
The Texas Register is revising its rules in response to Senate Bill 1177,
Senate Bill 1715 and House Bill 1, as adopted by the 75th Legislature. The
Texas Register is also taking this opportunity to reorganize Chapter 91 into
new subchapters.
Senate Bill 1715 requires the Texas Register to strike through as well
as bracket obsolete language and to underline new language in proposed rules.
Agencies will not change the way they code proposed rule amendments, but will
now be required to use the code <new> for proposed new rules.
Comments were filed by the Texas General Land Office (GLO), the Texas Department
of Health (TDH), the Texas Department of Insurance (TDI), the Texas Natural
Resource Conservation Commission (TNRCC), the Public Utility Commission of
Texas (PUC), the Texas Railroad Commission (RRC), the State Securities Board
(SSB), the Texas Water Development Board (TWDB), and the Texas Workers Compensation
Commission (TWCC).
We received the following comments regarding the proposed new rules in
general.
The TNRCC recommended that familiar terms, such as "you" and "we" not be
included in rule language because such terms may be misinterpreted more readily
than terms such as "agency" and "Register." TNRCC also recommended that the
preamble for the proposed new rules include a brief explanation of each proposed
rule.
We agree with TNRCC that more explanation of the proposed rules would help
clarify the purpose of each rule for readers. For the same reason we disagree
with TNRCC regarding the strict use of third person. Terms such as "you" and
"we" are plain to readers. TNRCC in fact uses "we" in its written comments.
The RRC commented that the preamble was misleading in its explanation of
the coding we require to designate new language in electronic files.
We withdrew and reproposed new §91.61, concerning electronic procedures
for filing rules and miscellaneous documents. The new §91.61 appeared
in the October 17, 1997,
Texas Register
(22
TexReg 10203). The new rule addressed the RRC's concerns and simplifies the
coding requirements for underlining the entire text of new rules as required
by SB 1715 (75th Texas Legislature).
The RRC suggested that the Texas Register Form and Style Manual be eliminated
and that all requirements be included in the Texas Register rules in Chapter
91. The RRC suggested alternatively that the Form and Style Manual be adopted
by reference to give it the force and effect of the rules.
The SSB commented that the Form and Style Manual has been a valuable resource
and teaching guide.
The Texas Register Form and Style Manual will not be eliminated. It will
be updated to address these new rules. The updated Form and Style Manual will
be made available on the internet. The Manual will not be adopted by reference
because it does not contain requirements that have the force and effect of
rules. The rules in Chapter 91 provide the minimum requirements for filing
documents for publication. The manual is a supplement to the Texas Register
rules, offering checklists, examples, and other information which may be helpful
to someone preparing documents for filing. The distinction between the Texas
Register rules in Chapter 91 and the Texas Register Form and Style Manual
is that the rules are mandatory procedures; the Form and Style Manual is optional.
COMMENTS ON §91.1. DEFINITIONS.
The TWCC commented that the definition of "rule" in paragraph (12) changes
the definition currently contained in the Administrative Procedure Act.
We agree. The definition is adopted with changes to conform to the APA
definition.
The RRC commented that the term "adoption by reference" should be defined.
The RRC commented that in definition (5) Certifying official and in definition
(9) Liaison, the word "person" should be changed to "individual" in order
to conform to definition (10) Person.
We agree. We will address "adoption by reference" in a future proposal.
Definitions (5) and (9) will be adopted with changes to substitute the word
"individual" for "person."
COMMENTS ON §91.9. DOCUMENTS ACCEPTED BY THE TEXAS REGISTER.
The TWCC commented that this rule should include miscellaneous documents
that are not required by law for publication.
The GLO commented that this rule should include notices filed by the Coastal
Coordination Council under the Natural Resources Code, Chapter 33.
We agree, and adopt the rule with changes.
COMMENTS ON §91.13. NONACCEPTANCE OF DOCUMENTS.
The SSB and the TWDB commented against this rule. The commenters described
the rule as a harsh policy that would inconvenience agencies and possibly
delay the adoption of agencies' rules. The SSB urged the Texas Register to
be more cooperative and flexible with documents submitted for publication,
noting that "...provisions which reject rule submissions without allowing
for any 'play' between us and the Register staff can result in a compounding
of the problem, requiring multiple filings and delayed publications." The
TWDB recommended that the rule establish a specific time frame of two or three
days from submission within which Texas Register staff makes notification
of rejection.
We agree that cooperation is mutually beneficial for agencies and the Texas
Register. But in practice, an agency's priority is to expedite publication
of its documents. Often when we notify an agency that a document fails to
conform to our requirements, an agency, faced with the delay of a rejection,
may promise that if we make an exception and accept the document this time,
that next time the mistake will not be repeated. Too often, however, the mistake
is repeated along with the promise never to do it again if only we will make
an exception again. In the spirit of cooperation and flexibility, we are adopting
§91.13 with changes. In subsection (a) the wording "We will reject documents
that do not conform..." will be adopted to read "We may reject documents that
do not conform..." We will notify agencies in writing when documents fail
to conform to our rules. In most instances we will not reject documents the
first time we send this kind of notification. If the same agency repeats the
same mistake in future filings, we will reject the documents.
We will notify agencies within two days of the filing deadline to acknowledge
the receipt of documents. We will notify agencies within 10 days of the filing
deadline if we reject documents.
COMMENTS ON §91.17. CLASSIFICATION SYSTEMS.
The RRC and TNRCC commented on our proposal to eliminate undesignated heads,
and expressed concern about their chapters that include both subchapters and
undesignated heads.
We are adopting §91.17, concerning classification systems with changes.
Undesignated heads present a difficulty precisely because they are undesignated.
Instead of eliminating this classification level, we are changing it. In chapters
that have subchapters and undesignated heads, we will change the undesignated
heads to numbered divisions. In chapters that have undesignated heads, but
no subchapters, we will change the existing undesignated heads to subchapters
in the
Texas Administrative Code
. Divisions
will be permitted only within a subchapter classification level. We will convert
existing undesignated heads to subchapters or divisions in the Texas Administrative
Code as time allows. If an agency converts one undesignated head to a subchapter
in a rulemaking submission, we will convert all other undesignated heads in
the chapter to subchapters without further notice to the agency.
The PUC, the GLO and the RRC commented on the gapping of rules. The PUC
and GLO commented that gapping is appropriate and should be allowed. The commenters
noted that the new rules fail to address gapping.
We agree. We encourage, but do not require, agencies to leave gaps between
sections and often between chapters or even subchapters. Gapping leaves space
for future additions. It is not necessary to mark a gap with the word "reserved"
and we do not permit gapping within a section. We will adopt the following
wording suggested by the RRC: "Do not indicate chapters, subchapters, divisions,
rule numbers and/or parts of a section as being reserved for future use."
COMMENTS ON §91.19. NUMBERING SCHEMES.
The RRC commented that the new rules do not require that the first rule
in a chapter or subchapter end in the number "1."
We agree. In most instances it would make sense for the first rule in a
chapter or subchapter to end in the number "1," but the rules do not require
it. If an agency repealed the first rule in a chapter or subchapter, it would
not be necessary to repeal the entire chapter only to make the section numbers
line up.
The TDI commented that the proposal to limit rule numbers to four digits
before the decimal and four digits after the decimal would require some implementation
time. The TDI commented that the repeal and readoption of groups of rules
necessary to conform to the new four-digit limit would cause a significant
expenditure of agency time.
We agree. If an agency has existing rules with more than four digits before
or after the decimal we will permit the agency to administratively renumber
the groups of rules affected by this rule.
COMMENTS ON §91.21. TITLES.
The RRC recommended that we add language to §91.21 to explain how
to amend the title of a rule.
We agree, and will adopt the rule with additional wording suggested by
the RRC: "Amendments to titles shall be made showing the new and deleted
language in accordance with the requirements of §91.61 of this title
(relating to Electronic Procedures for Filing Rules and Miscellaneous Documents)."
COMMENTS ON §91.23. STRUCTURE; TERMINOLOGY.
The TDH commented on a typographical error in §91.23(d)(1). "No change"
should read "(No change)".
The RRC commented on §91.23(a)(1)(B), suggesting the addition of the
following language. "This is referred to as an 'implied (a)'."
We agree, and will adopt this section with the added wording.
COMMENTS ON §91.25. FORM OF CITATION.
The TDH commented that the rule should explain how to cite statutes and
suggested the following language: "To cite material published in the Texas
Civil Statutes, give the article number followed by section number. For example:
Texas Civil Statutes, Article 6252-13(a), §6(c)."
We have no disagreement with the citation style suggested by TDH, but the
purpose of this rule is to establish the citation format for agency rules
published in the
Texas Register
and in the
COMMENTS ON §91.28. PROCEDURE FOR FILING NOTICE OF OPEN MEETING.
The SSB commented on a typographical error in the heading which included
§91.28 among sections proposed for repeal (22 TexReg 6992). The procedure
for filing notice of open meetings was not proposed for repeal and will not
be changed by the adoption of these rules. We intend to change the open meeting
filing procedure in 1998, but that will require publication of the proposal
for comments.
COMMENTS ON §91.29. SERIALIZATION OF DOCUMENTS TO BE PUBLISHED.
The TWCC commented on §91.29. The comment reads, "No explanation is
given as to the meaning of the term 'serialization note' and whether it is
included in the first issue in which a document is serialized or the last
issue."
We agree, and will adopt the section with changes to clarify that when
a submission is serialized, the first issue in the series determines the publication
date for purposes of calculating the earliest possible date of adoption. A
"serialization note" is an editor's note explaining that a submission is being
published in series.
COMMENTS ON §91.31. CORRECTION OF ERROR.
The GLO commented in favor of extending the deadline from 10 to 20 days
for requesting a correction. The TWCC commented that subsection (d) is unclear,
and suggested clarification to the phrase "We will not make substantive corrections."
The SSB commented that the rule's requirement to specify whether the error
appeared in the print
Texas Register
, the
web site, etc. places a hardship on agencies and would cause them to incur
additional time and expense to review all formats. The SSB also asked for
clarification of the consequences of a document that is inadvertently omitted
from publication: "...would it affect the running of the 30-day comment period
for proposed rules(?)...".
We will adopt the rule with changes to clarify the meaning. If we make
an error, we will publish a correction after you notify us. There is no time
limit for notification of an error made by the Texas Register because the
official text of a rule is the text on file with the Secretary of State and
not the text published in the
Texas Register
or on file with the issuing state agency. It is the agency's responsibility
to notify us in a timely manner if the version published in the
Texas Register
conflicts with the version filed by the agency. If an
agency makes an error, the agency must notify the
Texas Register
that a correction is necessary before the rule becomes
effective (usually 20 days after filing). We will not accept or publish a
correction that conflicts with the version filed by the agency after the effective
date. For corrections to proposed rules and other documents, we prefer to
receive notification of an error within 20 days. Determination of adequate
notice is an agency certifying official's responsibility. If a proposed rule
inadvertently is omitted from an issue by the
Texas
Register
, the 30-day notice period will not begin with the date on
which the Texas Register should have published the rule, but with the date
on which the rule actually is published.
COMMENTS ON §91.61. ELECTRONIC PROCEDURES FOR FILING RULES AND MISCELLANEOUS
DOCUMENTS.
The SSB commented that the coding requirements are unclear. We are adopting
the rule with changes to address the following questions.
Must each subdivision in a rule be coded separately? Amended sections:
yes. New sections: no. Every "<etb>" for new language and every opening
bracket "[" must have a closing "<et>" or closing bracket "]" in the same
subdivision. For example: Use the "<etb>" code when you begin new language.
Use the "<et>" code at the end of the new language in that subdivision.
Repeat the codes within each subdivision as needed. All text between the codes
will be underlined. However, for new sections, just use the "<new>" code
before the section number at the beginning of the rule to underline the entire
text of the rule. The purpose of the "<new>" code and the stricter closing
codes for amended rules is to simplify agencies' compliance with SB 1715 which
requires all new language to be underlined and deleted text to be indicated
with a strike-through.
May the "<etb>" or "[ ]" codes be used for parts of a word? No. Add
or delete a complete word or acronym.
Does the requirement in subsection (b) "Use a hard return after each paragraph"
signal that the Texas Register will reject an agency's rule submission if
the agency uses two hard returns (a skipped line) between preamble paragraph
and rule subdivisions? No. We will not reject an agency's document for using
two hard returns or for using no hard returns. However, if you do not hit
the return key at the end of each subdivision, the two subdivisions will be
merged together when the rule is published. For example, if subsection (a)
has two paragraphs and you do not hit the return key at the end of paragraph
(1), then paragraph (2) will not begin on a separate line, but will be merged
with paragraph (1). A second hard return does not present a problem.
Is there a separate code, not set out in the rules, for underlining rule
text? Is the "<etb>" code to signal the beginning of boldface and underlined
text when used in rule text? No. The "<etb>" code will result in underlined
text in rules. It will result in boldface text in miscellaneous documents.
The Texas Register does not make available a code to create boldface text
in rules because doing so might cause confusion. Before SB 1715 boldface text
indicated new language.
COMMENTS ON §91.63. SUBMISSION FORMS.
The TWCC commented that subsection (b)(3) is not a method of delivering
a submission and should be moved into its own subsection. The RRC commented
that this section should address acknowledgments of receipt. The RRC and the
SSB commented that the rule does not specify how many copies of the submission
form are required.
We are adopting the rule with a format change in response to the TWCC concern,
and to specify that only one copy of a submission form is required. Subsection
(a) concerning the TR-1 agency rule review form will be re-introduced in future
rulemaking.
COMMENTS ON §91.65. PROCEDURES FOR FILING RULES.
The GLO, the TNRCC, the PUC, and RRC commented on proposed §91.65(a)(3)
which limits agencies to one pending amendment at a time for a rule number.
The GLO and PUC were opposed to the proposal. The TNRCC commented in favor,
but recommended changes.
The GLO commented that the limitation will impose great hardship on agencies,
listing three examples of how the proposal would impair the GLO's ability
to conduct its business and result in hampering the public's opportunity to
comment on proposed rules. The PUC commented that the proposal to limit an
agency to only one pending amendment per rule number places a significant
and unnecessary burden on agencies with rapidly changing environments. The
proposed change would impact PUC significantly because many of its existing
rules were inadequately gapped, forcing PUC to segment its rules rather than
adding new rules. PUC also commented that the Texas Register rules should
permit agencies to propose new amendments upon adoption of a rule, rather
than waiting until the effective date of a rule. The comments said the proposal
will slow down agencies' rulemaking initiatives an additional 20 days.
We disagree. Agencies may avoid any delay imposed by the proposal by dividing
lengthy rules into shorter sections. Shorter sections are usually more readable.
Agencies control their own gapping of rules. If an agency fills all the chapters
and subchapters within its specified Part of the
Texas Administrative Code
, the agency may ask the Texas Register to
administratively move the agency's part to permit expansion. The proposal
will reduce errors and confusion caused by overlapping and conflicting amendments
that are pending simultaneously on a single rule, but filed and published
separately.
The TNRCC commented in favor of the proposed limitation: "The regulated
community can become confused with the language of a rule which is open for
more than one set of revisions at a time. Also, the Texas Register and other
agencies can encounter difficulty in tracking rule language development and
effective dates if any errors occur in the processing of multiple rulemaking
actions for a rule." The TNRCC and the GLO recommended that definition rules
be excepted from the limitation. The RRC commented that the proposal should
be clarified by adding the following wording: "This means that an agency may
not propose amendments to different subsections of one section unless they
are proposed simultaneously in the same filing. Agencies may not propose amendments
to one subsection in one filing and then propose other amendments to a different
subsection of that section in another filing until the first proposed amendments
have been adopted and become effective."
We agree. The rule is being adopted with changes to make definition sections
the exception to the rule, and to add the suggested wording.
The TDH and the TWCC commented on §91.65(c)(2)(C), concerning withdrawal
of proposed rules. The commenters recommended clarification such as the following
addition: "However, this does not preclude a new proposal of an identical
or similar rule following rulemaking procedures for proposed rules as specified
in §91.65(a) of the title."
We agree. The rule is being adopted with the clarifying wording.
The TDH and the TWCC commented on §91.65(d)(4), concerning emergency
rules. The commenters recommended that the effectiveness of an emergency rule
be changed from "immediately upon filing or on a stated date less than 30
days after filing" to read "immediately upon filing or on a stated date less
than 20 days after filing." The commenters said 20 days would make the rule
consistent with Texas Government Code, Chapter 2001 (APA), §2001.036(a)(2)
concerning the adoption of rules.
We proposed the "30 days" because that is the minimum notice period for
a rule that is not an emergency. However, we will make the recommended change
to "20 days."
The TWCC commented on §91.65(b). The commenter said that subsection
(b) misstates the APA provisions relating to the effective dates for adopted
rules, and that paragraph (b)(2) incorrectly suggests that the Texas Register
staff has the authority to make substantive corrections to rules. The term
"substantive" should be replaced by the term "formatting."
We agree, and we are adopting the rule with the recommended changes.
The TWCC commented on §91.65(f), questioning the requirement that
an agency formally repeal a rule rendered invalid by legislation, constitutional
amendment, or court decision. The commenter noted that the public comment
process is irrelevant and will not change the legislation, constitutional
amendment, or court decision that rendered the rule invalid.
Subsection (f) does not require an agency to take any action. However,
we will not remove rules from the
Texas Administrative
Code
unless an agency repeals them. Subsection (f) gives the public
notice that the invalid rules are being removed. This is not a change from
current
Texas Register
rules, and we are adopting
this provision as proposed. However, we will consider the TWCC's comments
for possible future rulemaking. If we determine that the Secretary of State
has the authority to streamline the removal of invalid rules from the
The RRC commented on subsection (d), suggesting that the word "days" should
be plural possessive: "...less than 30 days' notice...". In subsection (d)(5)
the RRC suggested a change in wording to indicate that more than one emergency
amendment may be made.
We agree, and the rule is being adopted with the recommended changes.
COMMENTS ON §91.67. RULE SUBMISSION PREAMBLES.
The TDH, the GLO, the TNRCC, and the RRC, commented on §91.67. The
commenters said the proposed rule omitted mention of the Administrative Procedure
Act requirement for local employment impact statements, and that the wording
of the proposed rule is confusing and inconsistent with the language in the
Administrative Procedure Act.
We agree with the comments, and adopt the rule with changed wording that
is consistent with the Administrative Procedure Act.
COMMENTS ON §91.71. NOTICE OF TEXAS DEPARTMENT OF INSURANCE FILINGS
UNDER THE INSURANCE CODE, ARTICLE 5.96 AND ARTICLE 5.97.
The TNRCC commented on a typographical error in subsection (a). The word
"Article" should be plural, "Articles." We agree.
COMMENTS ON §91.73. ADOPTION BY REFERENCE (ABR).
The TDH, the GLO, the TNRCC, the RRC, the SSB, and the TWCC commented on
§91.73. The commenters recommended that no revision date should be required
for federal statutes and federal and state rules.
We discourage agencies from using wording such as "...as amended in the
future," but the rule is adopted with changes to exclude the revision date
requirement for federal and state statutes and rules.
The GLO commented that the rule does not make a distinction between "adoption"
by reference and "incorporation" by reference. We disagree. The rule uses
the term "adoption by reference." We will consider proposing a definition
for this term in future rulemaking. At that time it may be appropriate to
determine if "incorporation" means the same thing as adoption. The current
Texas Register rules deliberately do not address the term "incorporation by
reference." The Administrative Procedure Act does not use either term.
The RRC commented that the rule does not specifically require that agencies
file the ABR material with the Secretary of State.
We agree with the comment and we may consider reintroducing this requirement
in future rulemaking. The rule does not prohibit agencies from filing ABR
material with the Texas Register, but in some instances the cost of filing
a copy with the Texas Register may be expensive. The Texas Government Code
(APA), §2002.014 does not specify that the information omitted from
the
Texas Register
is to be filed with the
Secretary of State. The TDH and other agencies have made suggestions regarding
Adoption by Reference filings, and the somewhat related Memoranda of Understanding
(MOU) filings. We anticipate reviewing these policies more extensively in
future rulemaking.
COMMENTS ON §91.75. PROCEDURES FOR FILING A FEDERALLY MANDATED DOCUMENT.
The TNRCC commented that the wording of §91.75 is broad. We agree.
The proposal is intended to establish filing procedures for Texas Government
Code (APA), §2001.036(a)(3). The rule is adopted with changes to clarify
the requirements.
COMMENTS ON §91.77. GRAPHIC MATERIAL.
The RRC and the TWCC commented on typographical errors in the section.
"Tables and Graphic" should be spelled "Tables and Graphics."
The RRC suggested revised wording for subsections (a) and (e). We agree
that the suggested wording clarifies the rule and have included it.
The RRC commented against the proposed requirement in subsection (b) to
underline new language and strike through deleted language on proposed graphics,
noting that this requirement would destroy the format of the graphics or
might be impossible in the case of drawings.
We agree. The rule is adopted with changes. Agencies will explain amendments
to graphics in the preamble.
The RRC questioned the necessity for agencies to file tables and graphics
with an amended rule when the tables and graphics are not being amended.
We agree it is unnecessary to file graphics which are not being amended.
However, agencies should account for the graphics as they would any subdivision
of a rule. We are adopting §91.77 with a change that allows agencies
to designate a figure as "(No change)."
COMMENTS ON §91.91. CHARGES FOR PRODUCTS.
The RRC, the SSB, and the TWCC commented against §91.91 because the
term "market value" is not explained in the rule or in the preamble.
We agree. Although "market price" is a statutory term, we failed to explain
it adequately in the proposal. We are required to sell the print Register
at a reasonable fee fixed by the Secretary of State, but Government Code,
§2002.0151 allows us to charge "market price" for "specialized value-added
services related to the Texas Register." We are withdrawing proposed §91.91
in this issue and will repropose it at a future date. We also withdrew the
proposed repeal of §91.121 and §91.122.
Definition of Terms
1 TAC §91.1
The repeal is adopted under the Government Code, Chapter 2002,
Subchapter B, §2002.017, which provides the Secretary of State with the
authority to promulgate rules consistent with the code.
The repeal does not affect other statutes, articles, or codes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801220
Clark Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 17, 1998
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561
1 TAC §91.12
The repeal is adopted under the Government Code, Chapter 2002,
Subchapter B, §2002.017, which provides the Secretary of State with the
authority to promulgate rules consistent with the code.
The repeal does not affect other statutes, articles, or codes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801221
Clark Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 17, 1998
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561
1 TAC §§91.19, 91.21-91.26, 91.31
The repeals are adopted under the Government Code, Chapter
2002, Subchapter B, §2002.017, which provides the Secretary of State
with the authority to promulgate rules consistent with the code.
The repeals do not affect other statutes, articles, or codes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801222
Clark Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 17, 1998
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561
1 TAC §§91.41-91.43
The repeals are adopted under the Government Code, Chapter
2002, Subchapter B, §2002.017, which provides the Secretary of State
with the authority to promulgate rules consistent with the code.
The repeals do not affect other statutes, articles, or codes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801223
Clark Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 17, 1998
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561
1 TAC §91.51
The repeal is adopted under the Government Code, Chapter 2002,
Subchapter B, §2002.017, which provides the Secretary of State with the
authority to promulgate rules consistent with the code.
The repeal does not affect other statutes, articles, or codes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801224
Clark Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 17, 1998
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561
1 TAC §§91.71-91.75
The repeals are adopted under the Government Code, Chapter
2002, Subchapter B, §2002.017, which provides the Secretary of State
with the authority to promulgate rules consistent with the code.
The repeals do not affect other statutes, articles, or codes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801225
Clark Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 17, 1998
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561
1 TAC §91.91, §91.97
The repeals are adopted under the Government Code, Chapter
2002, Subchapter B, §2002.017, which provides the Secretary of State
with the authority to promulgate rules consistent with the code.
The repeals do not affect other statutes, articles, or codes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801226
Clark Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 17, 1998
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561
1 TAC §91.124
The repeal is adopted under the Government Code, Chapter 2002,
Subchapter B, §2002.017, which provides the Secretary of State with the
authority to promulgate rules consistent with the code.
The repeal does not affect other statutes, articles, or codes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801227
Clark Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 17, 1998
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561
1 TAC §§91.131-91.135
The repeals are adopted under the Government Code, Chapter
2002, Subchapter B, §2002.017, which provides the Secretary of State
with the authority to promulgate rules consistent with the code.
The repeals do not affect other statutes, articles, or codes.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801228
Clark Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 17, 1998
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561
1 TAC §§91.1, 91.7, 91.9, 91.11, 91.13, 91.15, 91.17, 91.19, 91.21, 91.23, 91.25, 91.27, 91.29, 91.31
The new sections are adopted under the Government Code, Chapter
2002, Subchapter B, §2002.017, which provides the Secretary of State
with the authority to promulgate rules consistent with the code.
The new sections do not affect other statutes, articles, or codes.
§91.1. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Administrative Code - The Texas Administrative Code, as
established by the Government Code, Chapter 2002, Subchapter C, §2002.051,
also referred to as TAC.
(2)
APA - Administrative Procedure Act, Government Code,
Chapter 2001.
(3)
Agency - Any state board, commission, department,
or officer having statewide jurisdiction, other than an agency wholly financed
by federal funds, the legislature, the courts, and institutions of higher
education, that makes rules or determines contested cases.
(4)
Certify - To ensure that submitted documents have
been reviewed by legal counsel, whose responsibility it is under the APA to
determine whether the rule action is within the agency's legal authority.
(5)
Certifying official - An individual authorized by
an agency to certify documents submitted for filing with the Texas Register.
(6)
Code - The Texas Administrative Code established
by the APA, also referred to as TAC.
(7)
Electronic transmission - The submission of electronic
data to the Texas Register by telecommunications, file transfer protocol
(FTP) via Internet, e-mail, or diskette.
(8)
Graphic material - Documents formatted in two or
more columns as tables or as maps, charts, spread sheets, pictures, equations
or as any other type of document that requires special formatting.
(9)
Liaison - An individual designated by an agency to
act as its representative to the Texas Register.
(10)
Person - Any individual, partnership, corporation,
association, governmental subdivision, or public or private organization
of any character other than an agency.
(11)
Register - The Texas Register established by the
Government Code, Chapter 2002, Subchapter B.
(12)
Rule - Any agency statement of general applicability
that implements, interprets, or prescribes law or policy or describes the
procedure or practice requirements of an agency. It also includes the amendment
or repeal of a prior rule, but does not include a statement regarding only
the internal management of a state agency not affecting private rights or
procedures.
(13)
Section - A reference to a specific rule in the
Texas Administrative Code.
(14)
Verify - To ensure that submitted documents have
been reviewed by the agency liaison, are processed properly, and are correct
in format, structure, and content.
§91.9. Documents Accepted by the Texas Register.
File the following documents with the Texas Register for publication:
emergency, proposed, withdrawn, and adopted rules; notices of open meetings;
appointments; executive orders of the Governor of Texas; summaries of requests
for opinions, opinions, and open records decisions of the Attorney General
of Texas; summaries of requests for opinions and opinions issued by the Texas
Ethics Commission; election law opinions of the Texas Secretary of State;
notices filed by agencies, regional councils of government, and the Texas
State Library under the Government Code, Chapter 551; notices of proposals
and adoptions filed by the Texas Department of Insurance pursuant to the
Insurance Code, Article 5.96 and Article 5.97; proposal requests for private
consultant services under the Government Code, Chapter 2254; Court of Criminal
Appeal rules of appellate procedure and rules of criminal evidence under
Texas Civil Statutes, Article 1811f, §3; notices filed by the Coastal
Coordination Council under the Natural Resources Code, Chapter 33; and, with
approval from the Texas Register, miscellaneous documents not required to
be published by law.
§91.13. Nonacceptance of Documents.
(a)
We may reject documents that do not conform to the Government
Code and to the Texas Register rule requirements. We will notify the agency
liaison in writing when a document fails to conform to our rules. With the
permission of the agency liaison, we will attempt to correct a format error
on its first occurrence. If the agency repeats the format error in a future
filing, we will reject the document. If we reject a document, we will notify
the liaison in writing within 10 days of the filing date explaining why the
document is rejected.
(b)
Reasons for rejecting a document include the following:
(1)
document structure which does not conform to §91.23
of this title (relating to Structure; Terminology);
(2)
electronic format which does not conform to our procedures
as outlined in §91.61 of this title (relating to Electronic Procedures
for Filing Rules and Miscellaneous Documents); and
(3)
filing procedures which do not conform to §91.65
of this title (relating to Procedures for Filing Rules).
§91.15. Calculation of Effective Dates.
(a)
In computing a period of days, the first day is excluded
and the last day is included.
(b)
If a number of months is to be computed by counting the
months from a particular day, the period ends on the same numerical day in
the concluding month as the day of the month from which the computation is
begun. If there are not as many days in the concluding month as in the beginning
month, the period ends on the last day of the concluding month.
§91.17. Classification Systems.
Use the following classification structure when promulgating rules.
(1)
We assign each agency to a title identified by an Arabic
number and subject category, e.g., Title 1. Administration.
(2)
We assign each agency a Roman numeral part number
to identify the agency within its title. The name of the part shall be the
agency's name, e.g., Part IV. Office of the Secretary of State.
(3)
We assign a chapter range designated with Arabic
numbers to each agency. Within that range, organize and name the chapters
according to subject matter, e.g., Chapter 91. Texas Register.
(4)
You may subdivide a chapter into subchapters identified
by capital letters. Name subchapters according to subject matter, e.g., Subchapter
A. Administrative.
(5)
You may subdivide a subchapter into divisions identified
by Arabic numbers. Name subdivisions according to subject matter, e.g., Division
1. General.
(6)
Do not indicate chapters, subchapters, divisions,
rule numbers, and/or parts of a rule as reserved for future use.
§91.19. Numbering Schemes.
A rule number consists of the chapter number followed by a decimal
point and the individual section number, e.g., §91.15. Neither the chapter
number nor the section number may exceed four digits. Comply with paragraphs
(1)-(4) of this section when you submit rules.
(1)
The proposed and adopted version of a rule must have the
same rule number.
(2)
The number of a proposed rule which has been withdrawn
may be used to identify another rule.
(3)
The number of a repealed rule may be used to identify
another rule.
(4)
Do not amend rule numbers. To change a rule number,
repeal and replace the rule.
§91.21. Titles.
Title all chapters, subchapters, divisions, and sections in accordance
with the subject matter of the chapters, subchapters, divisions, and sections.
In proposed rulemaking, show changes to titles with new and deleted language
as required by §91.61 of this title (relating to Electronic Procedures
for Filing Rules and Miscellaneous Documents).
§91.23. Structure; Terminology.
(a)
Follow the structure and order outlined in paragraphs
(1)-(7) of this subsection when subdividing a rule.
(1)
The highest subdivision within a rule is a "subsection."
You need not subdivide below this level.
(A)
When there are two or more subsections, designate them
with a lower-cased letter in parenthesis, e.g., (a), (b), etc.
(B)
When there is only one subsection in a section, omit the
"(a)." This is referred to as an "implied (a)."
(2)
The rule subdivision below a subsection is called
a "paragraph" and is designated by an Arabic number in parenthesis, e.g.,
(1), (2), etc.
(3)
The rule subdivision below the paragraph is called
a "subparagraph" and is designated by an upper-cased letter in parenthesis,
e.g., (A), (B), etc.
(4)
The rule subdivision below the subparagraph is called
a "clause" and is designated by a lower-cased Roman numeral in parenthesis,
e.g., (i), (ii), etc.
(5)
The rule subdivision below the clause is called a
"subclause" and is designated by an upper-cased Roman numeral in parenthesis,
e.g., (I), (II), etc.
(6)
The rule subdivision below the subclause level is
called an "item" and is designated by a lower-cased letter with a dash on
both sides in parenthesis, e.g., (-a-), (-b-), etc.
(7)
The rule subdivision below the item is called a "subitem"
and is designated by an Arabic numeral with a dash on both sides in parenthesis,
e.g., (-1-), (-2-), etc.
(b)
When subdividing a rule, follow a parallel outline format,
i.e., no (a) without (b), no (1) without (2), etc., with the exception of
the implied (a) described in subsection (a)(1)(B) of this section.
(c)
When amending an existing rule, you must account for all
existing language. Within the rule structure, put new language before obsolete
language. Use the codes as described in §91.61(c)(5), (6), and (9) of
this title (relating to Electronic Procedures for Filing Rules and Miscellaneous
Documents).
Figure: 1 TAC 91.23(c)
(d)
When you amend a subdivision within a rule, follow the
"No change" policy outlined in paragraphs (1)-(3) of this subsection.
(1)
When you amend only part of an existing rule, we print
only the text of the affected subdivisions. Same-level subdivisions are labeled
(No change.)
Figure: 1 TAC 91.23(d)(1)
(2)
When you amend a subdivision of a rule below the
subsection level, show the text of all the higher-level subdivisions which
contain the amended subdivision.
Figure: 1 TAC 91.23(d)(2)
(3)
When you renumber a subdivision that contains lower-level
subdivisions, show the language contained in the lower-level subdivisions
for clarification.
Figure: 1 TAC 91.23(d)(3)
(e)
Do not reserve subdivisions within a rule for future expansion.
(f)
Follow any reference to another section or chapter in
the same title with the phrase "of this title (relating to...)" with the
title of the section or chapter inserted in the parenthesis. Follow a reference
to a different subchapter in the same chapter with the phrase "of this chapter
(relating to...)" with the title of the subchapter inserted in the parenthesis.
It is not necessary to reference the same section, subchapter, or chapter
name twice within a rule.
(g)
Cite any reference to a rule in another title with the
title and section number(s) in accordance with §91.25(b) of this title
(relating to Form of Citation). For example: 1 TAC §91.21.
§91.29. Serialization of Documents To Be Published.
If necessary, we will serialize documents submitted for publication.
We publish serialized documents in consecutive regular issues. The earliest
possible date of adoption for a proposal is determined by the issue date in
which the serialization begins.
§91.31. Correction of Error.
(a)
Notify us in writing if the Texas Register publishes your
agency's submission with an error or omission.
(b)
Include the following information in the notification:
(1)
the name of the agency;
(2)
the date of the issue and the specific section of
the
Texas Register
in which the error occurred
(i.e., In Addition, Proposed Rules, etc.); and
(3)
the nature of the error, and whether it was made
by the Texas Register or by the submitting agency.
(c)
We publish the corrections of errors in the "In Addition"
section of the
Texas Register
.
(d)
We will not accept a correction that conflicts with the
text on file with the Secretary of State after the effective date of a rule.
(e)
Except as provided in subsection (d) of this section,
we will publish a correction in the next available issue of the
Texas Register
. If the Texas Register inadvertently omits a proposed
rule from an issue, the 30-day notice period will not begin until the rule
is actually published. Otherwise, determination of adequate notice is an agency's
responsibility.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801229
Clark Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 17, 1998
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561
1 TAC §§91.61, 91.63, 91.65, 91.67, 91.69, 91.71, 91.73, 91.75, 91.77
The new sections are adopted under the Government Code, Chapter
2002, Subchapter B, §2002.017, which provides the Secretary of State
with the authority to promulgate rules consistent with the code.
The new sections do not affect other statutes, articles, or codes.
§91.61. Electronic Procedures for Filing Rules and Miscellaneous Documents.
(a)
Submit documents in electronic format using one of the
following methods: file transfer protocol (FTP), e-mail, or 3-1/2 inch diskettes.
Submit files in the American Standard Code for Information Interchange (ASCII)
format. ASCII means standard keyboard characters limited to those represented
by a decimal 32 (a space) to a decimal 126 (a tilde). Characters above 127
(extended characters) are not acceptable without our permission. Name files
using the date (month and date only) of the submission followed by a decimal
point and the agency code assigned by the Texas Register. If you submit more
than one file on the same day, insert a letter in sequence after the date
and before the decimal point. For example: 0715.004 indicates that this file
was sent on July 15 by the Office of the Secretary of State; 0715a.004 and
0715b.004 indicate a second and third file were sent on the same day. You
may submit more than one document in an electronic file except that rules
and miscellaneous documents must be submitted as separate files. If you include
multiple submissions in an electronic file, insert the code *n (as defined
in subsection (c)(10) of this section) between each submission. Include all
appropriate language as required by §91.67 of this title (relating to
Rule Submission Preambles) with each rule submission in the file.
(b)
All text in an electronic file must be flush left. Do
not use tabs or indentations in the file. The preamble introduction statement
is the first line of text in the file. Do not use extraneous header information
in the file, i.e., title, part, chapter, etc. The submission form contains
the necessary agency information. Use a hard return after each paragraph.
(c)
Enclose codes in < > brackets to designate new language,
new paragraphs, italics, section symbols, and other formatting commands. The
codes are as follows.
(1)
<new> --This code is placed before the rule number
of each new rule. This code is not used in an amended rule.
(2)
<*> -- This code is used in place of the section
symbol.
(3)
<p> -- This code indicates a new paragraph. The
new paragraph indicator is used in the text of miscellaneous documents and
in rule preambles.
(4)
<eti> -- This code indicates italics in the preamble
and text of a rule or in a miscellaneous submission.
(5)
<etb> -- This code indicates boldface type within
miscellaneous documents and new language within proposed rule amendments.
Within a rule subdivision, place the <etb> code before new language and
the <et> code after new language. Every <etb> code in a subdivision
must have a closing <et> code in the same subdivision.
(6)
<et> -- This code indicates a return to regular
typeface or the end of new language.
(7)
<sup> -- This code indicates a superscript and
is inserted before the superscripted letter, word, or number. Insert </sup>
after the superscripted letter, word, or number.
(8)
<sub> -- This code indicates a subscript and is
inserted before the subscripted letter, word, or number. Insert </sub>
after the subscripted letter, word, or number.
(9)
[ ] -- Brackets indicate deleted language in proposed
amendments. Use brackets only with complete words or acronyms. Do not bracket
out part of a word. Every opening bracket in a subdivision must have a closing
bracket in the same subdivision.
(10)
*n -- This code indicates the end of a submission
within a file comprised of multiple submissions. A submission consists of
either the complete text of a miscellaneous document or a rulemaking document
(preamble plus rule or rules).
(d)
After you use FTP to submit a document, fax the appropriate
submission form as specified in §91.63 of this title (relating to Submission
Forms).
(e)
After you transmit a file through e-mail, fax the appropriate
submission form as specified in §91.63 of this title.
(f)
When you submit documents on diskette, format the diskette
using DOS 3.1 or a newer version of the operating system. We accept high-density
formatted diskettes. Diskettes must contain only the files being submitted
for one particular publication in the
Texas Register
. We will reject diskettes containing files not related to the submission.
We do not return diskettes to the issuing agency. You may request a diskette
in exchange for the submitted diskette or periodically retrieve your diskettes.
Attach a label to the diskette identifying the submitting agency and the file
name used on the submission. Deliver or mail the diskette with the appropriate
submission form(s) attached.
(g)
We may postpone publication of documents submitted on
paper.
(h)
Label graphic material as specified in §91.77 of
this title (relating to Graphic Material) and deliver it to the Texas Register
by the deadline. Do not fax graphic material.
(i)
If we are unable to access a file, if the file does not
match the submission form, if an error occurred in the creation of the ASCII
file, or if the file is not coded correctly in accordance with subsection
(c)(1)-(10) of this section, we will contact the liaison promptly. If time
permits us to process the document without delaying production of the issue,
we will ask the liaison to resubmit the file. If there is not sufficient time,
we will hold the submission for the next issue.
§91.63. Submission Forms.
(a)
One typed submission form certified and signed by the
agency liaison and certifying official accompanies each document submitted
to the Texas Register. The document types and corresponding forms are listed
in paragraphs (1)-(5) of this subsection:
(1)
TR-2--rule submissions;
(2)
TR-3--open meeting submissions;
(3)
TR-4--miscellaneous submissions;
(4)
TR-5--Governor, Attorney General, Secretary of State,
Texas Ethics Commission, and Department of Banking submissions; and
(5)
TR-6--notification pursuant to the Insurance Code,
Chapter 5, Subchapter L.
(b)
Deliver submission forms to the Register by one of the
following methods.
(1)
If you transmit a rule or miscellaneous document electronically,
fax the submission form(s) immediately after successful transmission of the
document.
(2)
If you submit a document on diskette, either deliver
or mail the submission form(s) with the diskette attached.
(c)
We will notify agencies within two days of the filing
deadline to acknowledge the receipt of submission forms.
(d)
List on the submission form the file name and means of
transmission, i.e., diskette, internet, modem, or e-mail. See §91.61
of this title (relating to Electronic Procedures for Filing Rules and Miscellaneous
Documents).
(e)
You may reproduce all Texas Register submission forms
from blank sample copies or electronic Word files provided by the Texas Register.
You may duplicate the forms using your own software.
(f)
Do not alter the format of Texas Register submission forms
listed in subsection (a) of this section without permission from the director
of the Register.
§91.65. Procedures for Filing Rules.
(a)
Proposed rules. The APA requires an agency to propose
rules at least 30 days prior to adoption. When proposing rules, comply with
the following procedures.
(1)
Notice of a proposed action follows rulemaking procedures
as specified in §91.61 and §91.67 of this title (relating to Electronic
Procedures for Filing Rules and Miscellaneous Documents and Rule Submission
Preambles).
(2)
Propose only one version of a new rule.
(3)
A rule will have only one pending amendment at a
time with the exception of rules containing only definitions.
(b)
Adopted rules. The APA states that a rule takes effect
20 days after the date on which it is filed in the Office of the Secretary
of State unless a later date is required by statute, specified in the rule,
or required by federal mandate. When adopting rules, comply with the following
procedures.
(1)
Notice of an adopted action follows rulemaking procedures
as specified in §91.61 and §91.67 of this title.
(2)
When filing a rule adoption, incorporate any formatting
changes made by the Texas Register staff to the proposal as published. If
you submit the final version of the rules without accounting for these changes,
we will reject the submission.
(3)
If you submit the final version of the adopted rules
without eliminating old and new language coding, we will reject the submission.
(4)
Submit the text of new and amended rules even when
they are adopted without changes and will not be republished in the
(5)
The proposed and adopted version of a rule must have
the same rule number.
(6)
Do not withdraw an adopted rule.
(c)
Withdrawn rules. When withdrawing rules, comply with the
following procedures.
(1)
Withdrawal of proposed rules.
(A)
You may withdraw a proposed rule action prior to its adoption
or before the effective date of the automatic withdrawal (see paragraph (2)
of this subsection) by submitting a submission form in accordance with §91.63
of this title (relating to Submission Forms).
(B)
The withdrawal takes effect immediately upon filing or
on a stated date not later than 20 days after filing. The effective date may
not be before the date of filing.
(C)
You may take no further action on a proposal which you
have withdrawn; however, this does not preclude a new proposal of an identical
or similar rule following rulemaking procedures for proposed rules as specified
in subsection (a) of this section.
(2)
Automatic withdrawals.
(A)
We automatically withdraw a proposed rule six months after
the date of publication in the
Texas Register
if the agency neither adopts nor withdraws it.
(B)
We publish the notice of the automatic withdrawal. The
effective date of the automatic withdrawal is the day after the last day of
the six-month period.
(C)
You may take no further action on the proposal after the
expiration of the six-month period; however, this does not preclude a new
proposal of an identical or similar rule following rulemaking procedures for
proposed rules as specified in subsection (a) of this section.
(d)
Emergency rules.
(1)
Under the APA, §2001.034, you may promulgate emergency
rulemaking action on less than 30 days' notice.
(2)
Notice of adoption of emergency action follows rulemaking
procedures as specified in §91.61 and §91.67 of this title.
(3)
Emergency rulemaking action does not preclude proposed
and final rulemaking action in accordance with the Government Code, Chapters
2001 and 2002.
(4)
Emergency action becomes effective immediately upon
filing or on a stated date less than 20 days after filing. The effective date
cannot be earlier than the filing date. The APA limits the effectiveness of
emergency action to 120 days, renewable for no more than 60 days, for a maximum
of 180 days. Calculate the period of effectiveness by counting the effective
date as day one. File the renewal notice during the last 20 days of the original
period of effectiveness. You may not renew the effective period after the
expiration date. The expiration date is the day after the final full calendar
day in the count.
(5)
After the original filing of an emergency rule, emergency
amendments may be made to the original action as many times as needed during
the 180-day period of effectiveness (120 days original period of effectiveness
plus 60 days renewal of effectiveness). All such amendments expire on the
original expiration date. Do not withdraw an emergency rule and file it a
second time in order to extend the 180-day effective period.
(e)
Multiple rule filing. You may file more than one rule
number in a submission, if the rules share the same chapter and, if applicable,
the same subchapter or division. Do not submit repeals on a submission form
containing new or amended rules.
(f)
Invalid rules. You must formally revise or repeal rules
rendered invalid by legislation, constitutional amendment, or court decision
in accordance with rulemaking procedures in this chapter.
(g)
Rule transfers. If legislation transfers rulemaking authority
from one agency to another, the transferring and/or receiving agency requests
that we administratively transfer the affected rules. The agency should send
a written request to the director of the Texas Register. The written request
will cite the legislation that requires this transfer and include a copy of
the legislation, the effective date of the transfer, and a conversion chart
containing the old and new chapters, subchapters (if applicable), and rule
numbers affected by the transfer. We will notify the agencies of the transfer
notice publication date.
§91.67. Rule Submission Preambles.
(a)
A preamble is a narrative introduction to a rule submission
containing the information cited in paragraphs (1)-(3) of this subsection.
(1)
Proposed rule submissions include the information required
by Texas Government Code, §2001.024.
(2)
Adopted rule submissions include the information
required by the Texas Government Code, §2001.033.
(3)
Emergency rule submissions include the information
required by the Texas Government Code, §2001.034.
(b)
You may submit one preamble for all submissions which
share the same chapter and fiscal impact note. The "common preamble" accompanies
the submission with the lowest rule number. If a repeal and new rule submission
have the same number, the common preamble accompanies the repeal. The common
preamble addresses all the affected rules; however, each rule submission
has its own statutory authority note.
§91.71. Notice of Texas Department of Insurance Filings under the Insurance Code, Article 5.96 and Article 5.97.
(a)
Actions under the articles specified in this subsection
are exempt from the requirements of APA and are subject to the requirements
of the Insurance Code, Article 5.96 and Article 5.97, Chapter 5, Subchapter
L.
(b)
Emergency action under Article 5.96 and Article 5.97 may
become effective immediately on filing or on a stated date less than 15 days
after filing. The action cannot have an effective date earlier than the file
date.
§91.73. Adoption by Reference (ABR).
(a)
A document which is being adopted by reference follows
the same requirements as other rule actions specified in §91.61 and
§91.65
of this title (relating to Electronic Procedures for Filing Rules and Miscellaneous
Documents and Procedures for Filing Rules); however, the actual text of the
ABR material need not conform to the Texas Register format requirements and
will not be published in the
Texas Register
or TAC. You may adopt the following documents by reference:
(1)
federal statutes and regulations;
(2)
state statutes and regulations;
(3)
state plans, including those circulated under OMB
Circular A-95 for review and comment; and
(4)
forms.
(b)
The director of the Texas Register must approve ABR information
not listed in subsection (a)(1)-(4) of this section before you adopt it by
reference. To be eligible for ABR the information must be cumbersome, expensive,
or otherwise inexpedient to include in the
Texas
Register
.
(c)
Give notice of intention to adopt by reference in the
form of a numbered rule and, except for federal or state statutes or regulations,
note the revision date of the ABR document. Except for rules adopting federal
or state statutes or regulations, amend the rule to adopt a newer version
of the ABR document.
(d)
Agencies are responsible for maintaining and distributing
to interested parties all versions of the ABR. We are responsible only for
maintaining the most current version of ABR material for public inspection
purposes.
§91.75. Procedures for Filing a Federally Mandated Document.
(a)
If you are required by federal mandate to implement a
rule by a certain date, the rule is effective on the prescribed date.
(b)
If time allows, follow all format and content requirements
for proposed rules as specified in §91.65(a) of this title (relating
to Procedures for Filing Rules).
(c)
If federal law or rule specifies a date that does not
allow time for notice of proposed action, follow all format and content requirements
in the notice of adopted action as specified in §91.65(b) of this title.
(d)
The preamble will state the legal authority for which
the rule is proposed or adopted pursuant to federal requirements.
§91.77. Graphic Material.
(a)
Graphic material accompanying a rule appears in the Tables
and Graphics section of the
Texas Register
.
Label each graphic with a reference code comprised of the word Figure, the
TAC citation, and the level of the rule that references the material. Example:
"Figure: 34 TAC Section 3.334(a)(1)." The rule text must reference the same
label at the appropriate level.
(b)
Explain in the preamble changes made to amended graphic
material. Do not use the <etb>, [ ], <new>, or <*> codes in graphic
material. If a table or graphic attached to an amended subdivision is not
amended or deleted, you may mark it as (No change.), e.g., "Figure: 34 TAC
Section 3.334(a)(1) (No change.)"
(c)
Label a table or graphic within a preamble with the word
"Figure," TAC citation, and the word "preamble." Example: "Figure: 34 TAC
Chapter 3--preamble."
(d)
Do not refer to the Tables and Graphics section of the
(e)
Provide a new or amended table or graphic with an adopted
rule submission, whether or not the rule is being republished. You may be
required to provide a complete table or graphic for publication in the
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
28, 1998.
TRD-9801230
Clark Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 17, 1998
Proposal publication date: July 29, 1997
For further information, please call: (512) 463-5561
Chapter 111.
Executive Administration Division
Memorandum of Understanding Between the Texas Department of Economic Development
and the General Services Commission
1 TAC §111.25
The General Services Commission adopts new section §111.25,
a memorandum of understanding (MOU) between the General Services Commission
and the Texas Department of Economic Development (the "TDED") concerning
cooperation in program planning, budgeting relating to procurement information,
and certification and technical assistance to small and historically underutilized
businesses. The new section is adopted without changes to the proposed text
as published in the December 19, 1997, issue of the
Texas Register
(22 TexReg 12361).
The new section allows for enactment of the Texas Government Code, Section
481.028 (Vernon 1998).
The MOU will enhance opportunities, education, and knowledge of Historically
Underutilized Businesses.
No comments were received regarding the adoption of new section.
The new section is adopted under the Texas Government Code, §481.028
and the Texas Government Code, Title 10, Subtitle D, Section 2161, which
provides the General Services Commission with the authority to promulgate
rules necessary to accomplish the purpose of that Chapter.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
26, 1998.
TRD-9801179
Judy Ponder
General Counsel
General Services Commission
Effective date: February 15, 1998
Proposal publication date: December 19, 1997
For further information, please call: (512) 463-3960
Space Allocation
1 TAC §115.50
The General Services Commission adopts an amendment to §115.50
, concerning space allocation and the 153 square feet usable office space
rule, without changes to the proposed text as published in the December 19,
1997, issue of the
Texas Register
(22 TexReg
12362).
The amendment is being adopted to correct the old statutory cite for the
State Purchasing and General Services Act referenced in subsection 115.50(a)
to its current location under the Texas Government Code, Title 10, Subtitle
D; and adds new language under subsection 115.50(g) concerning exemptions
and/or exclusions to the 153 square feet rule.
The amendments enable the commission to efficiently allocate facilities
to state agencies for an emergency lease, negotiated lease with a political
subdivision, and a negotiated lease in the absence of competition.
No comments were received regarding the adoption of amendment.
The amendment is adopted under the Texas Government Code, Title
10, Subtitle D., Chapter 2165, §2165.108, which provides the General
Services Commission with the authority to promulgate rules necessary to accomplish
the purpose of that Chapter.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
26, 1998.
TRD-9801173
Judy Ponder
General Counsel
General Services Commission
Effective date: February 15, 1998
Proposal publication date: December 19, 1997
For further information, please call: (512) 463-3960
Chapter 201.
Planning and Management of Information Resources Technologies
1 TAC §201.2
The Department of Information Resources adopts new §201.2,
concerning complaints, without changes to the proposed text as published
in the October 31, 1997 issue of the
Texas Register
(22 TexReg 10593).
The new section requires the department to notify consumers and service
recipients of the name, mailing address, and telephone number of an identified
employee of the department for the purpose of directing complaints to the
department.
The department received no comments regarding the proposed new section.
The new section is proposed in accordance with Texas Government
Code §2054.035(c), which requires the board of the department by rule
to establish methods by which consumers and service recipients are notified
of the name, mailing address, and telephone number of the department for the
purpose of directing complaints to the department.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
27, 1998.
TRD-9801201
C. J. Brandt, Jr.
General Counsel
Texas Department of Information Resources
Effective date: February 16, 1998
Proposal publication date: October 31, 1997
For further information, please call: (512) 475-2153
Agency Liaison
Filing of Documents
Adoption by Reference: Adoption under Federal Mandate
Format
Classification Systems
Submission Forms
Subscriptions, Individual Copies, and Reprints
Miscellaneous Provisions
Subchapter A. Administrative
Subchapter B. Electronic Filing Procedures
Part V.
General Services Commission
Chapter 115.
Building and Property Services Division
Part X.
Texas Department of Information Resources