| (a) Initiation of process. An agency may propose to
engage in negotiated rulemaking process pursuant to Texas Government
Code, Chapter 2008 if:
(1) the finance commission votes to initiate a rulemaking
proceeding under §9.82 of this title (relating to Petitions To
Initiate Rulemaking) that includes negotiated rulemaking; or
(2) the agency determines that drafting the proposed
rule might benefit from the negotiated rulemaking process.
(b) Appointment of a convener. Upon proposing a negotiated
rulemaking process under subsection (a) of this section, the agency
will appoint a convener to assist in determining whether it is advisable
to proceed with negotiated rulemaking. The convener will be appointed
pursuant to, and perform the duties described by, Texas Government
Code, §2008.052.
(c) Notice of negotiated rulemaking. If the agency
decides to engage in negotiated rulemaking after considering the convener's
recommendation and report, then the agency will publish timely notice
of its intent on its website and with the secretary of state for publication
in the Texas Register in compliance
with Texas Government Code, §2008.053.
(d) Appointment of facilitator and committee. The agency
will appoint a facilitator and members of the negotiated rulemaking
committee to carry out the duties described in Texas Government Code, §2008.056.
(e) Adoption of rule. The finance commission may adopt,
amend, or refuse to adopt a rule created through the negotiated rulemaking
process in its sole discretion.
|
