| (a) Upon adoption of a 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
certification from the commissioner that the rule or rule amendment
is consistent with the CMP goals and policies by filing a written
Request for Certification with the CMP coordinator. The request shall
include a copy of the rule or rule amendment for which the agency
seeks certification and a reasoned statement supporting the agency's
determination that the rule or rule amendment is consistent with the
CMP goals and policies.
(b) The CMP coordinator shall distribute copies of
the Request for Certification, including all supporting information,
to all committee members. The CMP coordinator shall publish in the Texas Register a notice of availability
and request public comment on the Request for Certification.
(c) The commissioner shall make a determination as
to whether the rule or rule amendment should be certified as consistent
with the CMP goals and policies on or before the 90th day after the
CMP coordinator received the Request for Certification.
(d) If the commissioner finds that the rule or rule
amendment incorporates or otherwise requires the agency to comply
with all applicable goals and policies of the program, the commissioner
shall issue a written certification of the rule.
(e) If the commissioner finds that the rule does not
incorporate or otherwise require the agency to comply with all applicable
goals and policies of the program, the commissioner shall issue a
written statement denying certification of the rule. The denial shall
explain the basis for such denial, and recommend rule revisions necessary
to obtain certification. The agency may amend the rule and resubmit
it for certification.
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| Source Note: The provisions of this §29.20 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; 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 |
