ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part IV. Office of the Secretary of State Chapter 91. Texas Register The Office of the Secretary of State, Texas Register, adopts amendments to sec.sec.91.1, 91.21, 91.23-91.25, 91.28, 91.42, 91.43, 91.73-91.75, 91.97, 91. 112, 91.113, and 91.135, new sec.91.51 and the repeal of sec.91.51, concerning policies and procedures. Sections 91.1, 91.21, 91.23, 91.28, and 91.51 are adopted with changes to the proposed text as published in the May 3, 1994, issue of Texas Register (19 TexReg 3309). Sections 91.24, 91.25, 91.42, 91.43, 91.73- 91.75, 91.97, 91.112, 91.113, 91.135, and the repeal to sec.91.51 are adopted without changes and will not be republished. The amendments are being adopted to clarify policies and procedures for submitting documents. Section 91.51 is being repealed and adopted new to implement standards for electronic submissions of documents. The Texas Register held workshops during the weeks of May 2-6 and May 9-13, to educate agencies on the new procedures that the Register will implement in July. Two oral comments were received during the two-week workshops and one written comment was received. In sec.91.21(b) , sec.91.28(b)(d) and (h) and in sec. 91.51(e) the Register is deleting cites to the Texas Register Form and Style Manual as it conflicts with this office's policy for referencing guidelines and manuals that are not adopted by rules. In sec.91.21(b) an agency submitted a written comment requesting that when a document is rejected by the Register the agency be notified by phone or fax. The Register agrees in part and has changed subsection (b) to reflect that the issuing agency will be notified by fax if the agency listed it's fax number on the submission form. In sec.91.23(b) an individual commented orally that the wording was confusing. The Register agrees with this comment and is adopting the section with changes. In sec.91.23(h) the Register has deleted the last sentence because it is redundant. In sec.91.28(i) an individual commented orally that the typestyles mentioned in subsection (i) are not the most commonly used on word processors and that we should replace Courier, Times, or Helvetica with Serif and San Serif. The Register agrees and is adopting this section with changes. In subsection (g) the Register changed the word "graphic" to "figure" in refering to designation of graphic material in miscellaneous documents so that this will be consistent with the requirements for graphic material in rules. In sec.91.51(c)(7) the Register added the option to file documents via a modem using 9600 and 14,400 baud rate. An individual from West Publishing Company commented that the definition for "Administrative Code" should contain the words "established by the Government Code." The Register agrees and the section is being republished. Definition of Terms 1 TAC sec.91.1 The amendment is adopted under the Government Code, Chapter 2002, Subchapter B, Texas Register, sec.2002.017, which provides the secretary of state with the authority to promulgate rules consistent with the Code. sec.91.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Administrative Code -The Texas Administrative Code, as established by the Government Code, Chapter 2002, Subchapter C, sec.2002.051, also referred to as TAC. APA-Administrative Procedure Act, Government Code, Chapter 2001. Certify-To assure that submitted documents have been reviewed by legal counsel, whose responsibility it is according to the Administrative Procedure Act (APA) to determine whether the action is within the agency's legal authority. Certifying official -A person authorized by an agency to certify documents submitted for filing with the Texas Register, Office of the Secretary of State. Register-The Texas Register established by the Government Code, Chapter 2002, Subchapter B. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 10, 1994. TRD-9442333 Machree Garrett Gibson Assistant Secretary State Office of the Secretary of State Effective date: July 5, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 463-5561 Filing of Documents 1 TAC sec.sec.91.21, 91.23-91.25, 91.28 The new section and amendments are adopted under the Government Code, Chapter 2002, Subchapter B, sec.2002.017, which provides the secretary of state with the authority to promulgate rules consistent with the Code. sec.91.21. Compliance; Nonacceptance of Documents. (a) (No change.) (b) Agencies shall file all documents with the Texas Register, Office of the Secretary of State, in accordance with the format, content, and procedural requirements specified by the Government Code, Chapters 2001 and 2002, and by these rules. The Office of the Secretary of State has the authority to administer the governing laws cited in this section as they relate to the Texas Register. Under the requirements contained in the Government Code, Chapter 551, Chapter 2001, Chapter 2002, Chapter 2254, as they relate to the Texas Register contained in this chapter, the Texas Register, Office of the Secretary of State, may reject for filing and publication any document that does not conform to these requirements. If the Texas Register rejects a document, the staff of the Texas Register shall notify the liaison of the issuing agency by fax (if fax number is known) and /or by letter and explain why the document was rejected. After filing a document with the Texas Register, the liaison or alternate shall be available to answer questions about the document. If the Register fails to reach the liaison, the Register may reject or postpone publication of the document. sec.91.23. Filing Procedures. (a) Agencies shall submit all documents except open meeting notices in electronic format. Documents submitted on paper may be subject to a later publication date without notice by the Texas Register. Agencies may submit documents in electronic format by diskette or telecommunication. See sec.91.51 of this title (relating to Electronic Format). Agencies may submit open meeting notices on paper or by fax. See sec.91.28 of this title (relating to Procedure for Filing Notice of Open Meeting). (b) Agencies may submit more than one rule number on the same submission form, if the rules share the same chapter, subchapter, and undesignated head. Repeals may be grouped the same way, but on a separate submission form. Submission forms shall contain one chapter, subchapter, and undesignated head title. (c) Agency policies based in whole or part upon opinions or similar determinations of the attorney general of Texas shall be promulgated and filed with the Texas Register, Office of the Secretary of State as rules when applicable. (d) Rules rendered obsolete or invalid by legislation, constitutional amendment, or court decision shall be formally revised or repealed in accordance with rulemaking procedures and filed with the Texas Register, Office of the Secretary of State. (e) If legislation transfers rulemaking authority from one agency to another, an agency may request the Texas Register to administratively transfer rules. Requests shall be in writing to the director of the Texas Register stating the legislation that requires this transfer, a copy of the legislation, effective date of the transfer, and a conversion chart with all old and new chapters, subchapters, undesignated headings and rules that are affected. The Texas Register will notify the agencies of the transfer notice publication date. (f) All graphic material submitted for rules by an issuing agency will be published in an appendix section of the Texas Register. Each graphic will be labeled with a reference code indicating the word Figure, the TAC citation, and the level of the rule that references the material. Example: "Figure: 1 TAC sec.91.3(a)(1)." The rule will reference the same label at the appropriate level. If multiple materials are contained within this level the label should reflect the order in which they occur by adding the number after the word Figure. Example: "Figure 1: 1 TAC sec.91.31(a)(1), Figure 2: 1 TAC sec.91.31(a) (1)." (g) All graphic material submitted for miscellaneous items will be published with the submission. Each figure will be labeled with the agency code, title of document, and a unique figure number. Example: 004-Request for Proposal-figure 1. If multiple materials are contained in the submission, the label should reflect the order in which they occur by adding a number after the word graphic. Example: 004-Request for Proposal-figure 1 and 004-Request for Proposal-figure 2. (h) Rules submitted must incorporate any substantive changes made by the Texas Register staff as published in the Texas Register. If the rules are submitted without accounting for these changes, the document will be rejected. sec.91.28. Procedure for Filing Notice of Open Meeting. (a) (No change.) (b) Notice of an open meeting shall be submitted on two copies of Form TR-3, Submission Form-Notice of Open Meeting or by faxing one copy of the Form TR-3. (c) If the complete agenda cannot be stated in the space provided on the submission form, the agency shall summarize the agenda in the space provided. The agency shall then attach two copies of the complete agenda for filing, one copy attached to each submission form. When an agenda is summarized, the Register shall publish with the notice a statement that the agenda is summarized for publication purposes. When agencies fax open meeting notices to the Texas Register, they shall fax only one copy. Agencies may not fax documents with more than a five-page agenda. The agency shall not follow-up a faxed open meeting notice by mailing a duplicate. (d) The submission forms shall be certified by an authorized agency official. (e) (No change.) (f) An agency is not required by the Open Meetings Law to file and post a cancellation notice of a meeting which has previously been filed and posted. However, if an agency desires, it may notify the Texas Register in writing of a meeting cancellation. The Texas Register will then remove the notice from the bulletin board. (g) (No change.) (h) Open meetings that are rescheduled for a new day/date, time, and/or location shall be submitted according to the requirements of this rule. (i) The text of open meeting notices are published in the Texas Register as submitted by the issuing agency. The meetings must be typed using serif and san serif typestyles, size, and only on the front page of the submission form. Agencies are discouraged from using nonstandard abbreviations. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 10, 1994. TRD-9442334 Machree Garrett Gibson Assistant Secretary State Office of the Secretary of State Effective date: July 5, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 463-5561 Adoption By Reference: Adoption Under Federal Mandate 1 TAC sec.91.42, sec.91.43 The amendments are adopted under the Government Code, Chapter 2002, Subchapter B, sec.2002.017, which provides the secretary of state with the authority to promulgate rules consistent with the Code. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 10, 1994. TRD-9442335 Machree Garrett Gibson Assistant Secretary State Office of the Secretary of State Effective date: July 5, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 463-5561 Document Format 1 TAC sec.91.51 The repeal is adopted under the Government Code, sec.2002.017, which authorizes the Secretary of State to adopt rules to ensure the effective administration of the subchapter, including rules prescribing paper size and the format of documents required to be filed for publication. The repeal does not affect other statutes, articles or codes. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 10, 1994. TRD-9442336 Machree Garrett Gibson Assistant Secretary State Office of the Secretary of State Effective date: July 5, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 463-5561 Format 1 TAC sec.91.51 The new section is proposed under the Government Code, sec.2002.017, which authorizes the Secretary of State to adopt rules to ensure the effective administration of the subchapter, including rules prescribing paper size and the format of documents required to be filed for publication. The new section does not affect other statutes, articles, or codes. sec.91.51. Electronic Format. (a) Agencies shall submit documents (except submission forms and notices of open meetings) in electronic format using a modem or on 5-1/4" or 3-1/2" diskettes. Files shall conform to the American Standard Code for Information Interchange (ASCII) format. Files shall be named using the date of the submission, a decimal point, and the agency code. If an agency submits more than one file on the same day, the agency shall insert a alphabetic letter in sequence after the date and before the decimal point. For example: 715.004 indicates that this file was sent on July 15 by the Office of the Secretary of State; 715b.004 would indicate a second file was sent on July 15th. (b) Codes to designate boldface italics, new paragraph and other formatting commands shall be enclosed in "<< >>" brackets. The codes are as follows. (1) <-This code will be used in place of the section symbol. (2) <>-This code indicates a new paragraph. (3) <>-This code indicates italics in the preamble. (4) <>-This code indicates regular type in the preamble. (5) <>-This code indicates boldface type in the text except in the preambles. (6) <>-This code indicates regular type in all text except preambles. (7) <>-This code indicates italics in all text except preamble. (8) <-This code indicates a superscript and is inserted before the number; < shall be inserted after the superscripted number. (9)