Part 4.
OFFICE OF THE SECRETARY OF STATE
Chapter 91.
TEXAS REGISTER
The Office of the Secretary of State, Texas Register, adopts amendments
to §§91.23, 91.61, and 91.65, concerning Texas Register filing procedures
and adopts the repeal and new §91.77, concerning how to file graphic
material electronically. Sections 91.23, 91.65, and new §91.77 are adopted
with changes to the proposed text as published in the December 3, 1999, issue
of the
Texas Register
(24 TexReg 10633). Section
91.61 and the repeal of §91.77 are adopted without changes and will not
be republished.
The purpose of the amendments and new section is to establish guidelines
on how to submit graphic and tabular material in electronic format. This process
will allow the Texas Register to include graphics in the
Texas Administrative Code
and in the electronic
Texas Register
in a timely manner.
We received the following comments from the Railroad Commission of Texas.
Comment.
The Railroad Commission noted that subsections (f)-(h) were not accounted
for in the proposed amendments to §91.23 and that subsection (b)(6) and
(7) and subsections (c)-(g) are not accounted for in §91.65.
Response.
We agree and adopt §91.23 and §91.65 with changes to account
for the existing subdivisions.
Comment.
The Railroad Commission commented that it would be helpful to add language
to §91.77(c) explaining that leading zeroes may be necessary to complete
the graphic file name scheme "aa_bbbb_cccc".
Response.
We agree. The section is adopted with changes to incorporate the suggestion.
Comment.
The Railroad Commission noted that §91.77(g) fails to explain how
to label graphics that are part of miscellaneous documents published in the
In Addition section of the
Texas Register
.
Response.
We disagree. We do not feel that graphics included in miscellaneous documents
need an internal label since they are published as part of the submitted document
and not in the Tables and Graphics section of the
Texas Register
.
Comment.
The Railroad Commission suggested that language should be added to §91.77(k)
explaining that an agency must bracket out a figure label when it is being
moved within a rule.
Response.
We disagree with this comment. We do require that an agency resubmit a
graphic with its new label when it moves within a rule, but we feel that showing
a bracketed figure line at the old location is misleading. If an agency would
like to show that a figure is moving in a proposed rule, they can indicate
it in the new figure line. For example: Figure: 1 TAC §91.61
(c)
[
Comment.
The Railroad Commission asked if Excel files (.xls) will be accepted by
the Texas Register.
Response.
While we will accept Excel files for graphic submissions, we are not adding
that file type to the list of approved formats in §91.77(d). As we state
in §91.77(e), we are requesting that an agency contact us before submitting
a file in an electronic format not listed in subsection (d).
Subchapter A. ADMINISTRATIVE
1 TAC §91.23
The amendment 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.
§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 proposing to amend 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) (No change.)
(d)
When you propose to 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) (No change.)
(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) (No change.)
(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) (No change.)
(e)
When you adopt new and amended rules submit the entire
text. Do not use the "No change" designation, with the exception of graphic
labels as described in §91.77(l) of this title (relating to Graphics).
Submit adopted repealed rules with only the section number and title.
(f)
Do not reserve subdivisions within a rule for future expansion.
(g)
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.
(h)
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.
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 19, 2000.
TRD-200000378
Jeffrey H. Eubank
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 8, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 463-5561
(a)
]. Otherwise, the graphic label moves with existing
text. The entire label should be in brackets only if the graphic is being
deleted or replaced.
Subchapter B. FILING PROCEDURES