Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter C - RULEMAKING › Section 91.36 - How to File Adopted Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) At least 30
				  days after publication of a proposed rulemaking document but not more than six
				  months later, you may submit an adopted rulemaking document. If the last day of
				  the six-month period falls on Saturday, Sunday, or a legal holiday, you may
				  file the adopted rulemaking document on the next business day. 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.
(b) Draft new or amended rules according to
				  the structure outlined in §
										RSA
				  91.33 of this title (relating to Rule
				  Structure and Terminology). Incorporate any changes to the proposed rule text,
				  including any style or format corrections made by the Texas Register. Delete
				  any new language coding, brackets and obsolete language. Submit the complete
				  text of new and amended rules. Do not designate any portion of the rule text as
				  "(No change.)" You may group adopted new and/or amended rules into one
				  rulemaking document as long as they share the same chapter, subchapter and
				  division.
(c) When adopting the
				  repeal of existing rules, list the rule numbers and titles but omit the rule
				  text. You may group adopted repeals into one rulemaking document as long as
				  they share the same chapter, subchapter and division.
(d) Draft an adopted rule preamble that
				  conforms to the Texas Government Code, §
										RSA
				  2001.033, concerning State Agency Order
				  Adopting Rule. The first paragraph of the preamble should state the name of
				  your agency, the type of rulemaking action you are adopting (new, amendment, or
				  repeal), every section that is affected, and whether the sections are adopted
				  with or without changes from the proposed rulemaking document. Cite the issue
				  date and page number of the
Texas Register
in which the
				  proposed rulemaking document was published. Include any other statement that
				  your agency determines is required by law.
(e) You may submit one preamble for all
				  adopted rulemaking documents that share the same chapter and fiscal note. The
				  "common preamble" accompanies the document with the lowest rule number. If a
				  repeal and new rule document have the same number, the common preamble
				  accompanies the repeal. The common preamble addresses all the affected rules;
				  however, each rule document has its own statutory authority note.
(f) In a separate paragraph after the
				  preamble, list the statutory or other authority under which the rule is
				  proposed and the statutory section or article that the rule implements. For
				  example: "Statutory Authority: Government Code, §
										RSA
				  2002.017. Cross-reference to Statute:
				  Government Code, Chapter 2002."
(g)
				  When you draft an adopted rule document in a word processing program, use a
				  hard return at the end of every paragraph and rule subdivision and make sure
				  that every line of text is flush with the left margin. Format preamble and rule
				  text using the following codes:
Attached
					 Graphic
(h) Save
				  the text of the document in "Text Only (*.txt)" format. Name files using the
				  month and date of 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: The file name 0715.004 indicates that a file was sent on July 15
				  by the Office of the Secretary of State while the names 0715a.004 and 0715b.004
				  indicate a second and third file were sent on the same day. If you are using
				  e-mail, include the file name in the subject line. You may submit more than one
				  rulemaking document in an electronic file.
(i) Submit the file using either e-mail or
				  ftp (file transfer protocol).
(j)
				  If the adopted rulemaking document includes a graphic, submit the graphic file
				  electronically in compliance with §
										RSA
				  91.41 of this title (relating to How to
				  Submit Rule Graphics).
(k) Complete
				  one Adopted Rulemaking form for each adopted rulemaking document. Access the
				  form on the Texas Register web site under the link "For Liaisons Only" using
				  the User Name and Password described in §
										RSA
				  91.3(b) of this title
				  (relating to Liaison and Certifying Official). Submit the form either:
(1) electronically over the web; or
(2) by fax to the Texas Register
				  office.