(a) Prior to the publication in the Texas Register of a proposed rule or amendment
to a rule listed in §29.11(b) of this chapter (relating to Actions
and Rules Subject to the Coastal Management Program), an agency may
seek pre-certification review by filing a Request for Pre-certification
Review with the CMP coordinator. The request shall include a copy
of the draft rule or draft rule amendment and any information the
agency wishes the commissioner to consider. This request shall allow
the commissioner a minimum of 30 days to review and comment on the
draft rule or rule amendment.
(b) The CMP coordinator shall distribute copies of
the Request for Pre-certification Review, including all supporting
information, to all committee members.
(c) The commissioner may review and comment in writing
within 30 days of the date the request was received by the CMP coordinator,
unless a longer time is provided in the agency's request. The commissioner's
comments should identify applicable CMP goals and policies and potential
inconsistencies with such goals and policies in the draft rule or
rule amendment. The commissioner may make recommendations to the agency
on how to correct any inconsistencies. The agency shall consider the
commissioner's comments and any comments from the committee members.
(d) Agencies are encouraged to seek pre-certification
review to maximize opportunities to coordinate agency rules, facilitate
effective and efficient implementation of the CMP, and to identify
and correct possible inconsistencies in the draft rule or draft rule
amendment prior to publication of the proposal in the Texas Register.
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Source Note: The provisions of this §29.24 adopted to be effective December 29, 1995, 20 TexReg 10789; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective March 29, 2010, 35 TexReg 2603; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675 |