| (a) While a proposed rule is being reviewed by the
division, the state agency must provide to the division:
(1) copies of any administrative records regarding
the proposed rule created, received, or consulted by the state agency
after submission of the proposed rule to the division, including any
information or comments received from the public after the submission;
and
(2) any amendments to the proposed rule that the state
agency intends to adopt and that were not included in the proposed
rule submission.
(b) If a state agency supplements a proposed rule submission
under subsection (a) of this section with a substantial amount of
administrative records or with an amendment that significantly changes
the proposed rule in nature or scope, the division may:
(1) require the submission of an updated rule submission
memorandum;
(2) reopen or extend the public comment period on the
proposed rule; and
(3) deem the supplemented submission a new submission,
including restarting the 90-day period for the division to issue a
determination letter approving or rejecting the proposed rule.
(c) After the division has issued a determination letter
approving a proposed rule or disapproving a proposed rule with precise
instructions, the state agency may provide to the division an amendment
to the proposed rule that the state agency intends to adopt but did
not previously provide to the division, if the amendment does not
include a change to the proposed rule that would require the rule
to be re-proposed in the Texas Register.
(d) If a state agency supplements a proposed rule submission
under subsection (c) of this section, the division may, at its discretion,
issue an addendum to the determination letter addressing the amendment
to the proposed rule, as provided in §5.209(e) of this subchapter,
or require the state agency to re-submit the proposed rule and amendment
as a new submission under §5.204 of this subchapter.
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