| (a) When proposing to adopt or amend a rule listed
in §29.11(b) of this chapter (relating to Actions and Rules Subject
to the Coastal Management Program) an agency shall include in the
preamble to the proposed rule as published in the Texas Register the following:
(1) a statement that the proposed rule or rule amendment
is subject to the Coastal Management Program and must be consistent
with all applicable CMP policies;
(2) a reasoned justification explaining the basis upon
which the agency concluded the proposed rule is consistent with each
applicable CMP policy; and
(3) a request for public comment on the consistency
of the proposed rule or rule amendment.
(b) Simultaneously with the filing of a proposed rule
or rule amendment with the Texas Register, the
agency shall submit a copy of the proposed rule or rule amendment
to the CMP coordinator, who shall distribute it to all committee members.
(c) During the comment period provided by the agency,
committee members should comment on the consistency of the proposed
rule or rule amendment. As provided in the Administrative Procedure
Act, the agency shall consider and respond to the comments of the
public and committee members on the consistency of the proposed rule
or rule amendment.
(d) Upon adoption of the rule or rule amendment, an
agency shall affirm that it has taken into account the goals and policies
of the CMP by issuing a reasoned determination that the rule or rule
amendment is consistent with the CMP goals and policies.
|
| Source Note: The provisions of this §29.22 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 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 |
