| (a) Upon the commissioner's certification of an agency's
rules or rule amendments pursuant to §29.20 of this chapter (relating
to Commissioner Review and Certification of Agency Rules and Rule
Amendments) or §29.23 of this chapter (relating to Expedited
Certification of Rules and Rule Amendments), the agency's rules are
incorporated into the CMP goals and policies, and any threshold for
referral approved pursuant to §29.26 of this chapter (relating
to Approval of Thresholds for Referral) that applies to actions under
those rules shall become operative and limit the commissioner's authority
to review individual actions of the agency, as provided in §29.32
of this chapter (relating to Requirements for Referral of a Proposed
Agency Action).
(b) After an agency's rules are certified and an agency's
thresholds are approved, the agency's consistency determination for
an action is final and is not subject to referral and review, except
as provided by §29.32 of this chapter.
(c) Where commissioner certification of a rule or rule
amendment takes place after the effective date of a rule or rule amendment,
the provisions of §29.32 of this chapter will be considered to
be in effect to limit commissioner review of an agency action listed
in §29.11(a) of this chapter (relating to Actions and Rules Subject
to the Coastal Management Program) provided:
(1) the agency files a request for certification of
the rule or rule amendment within seven days of the date of adoption;
(2) the action is undertaken pursuant to the rule or
rule amendment for which certification is sought; and
(3) the action was initiated after the rule or rule
amendment was adopted and before the commissioner acted on the request
for certification.
|
| Source Note: The provisions of this §29.21 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 29, 2006, 31 TexReg 8842; 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 |
