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RULE §1.83Rulemaking

(a) Purpose. This section governs the role of a statutory advisory committee in the adoption of new or amended rules pursuant to the Administrative Procedure Act, Government Code, Chapter 2001.

(b) Preliminary notification. When the department determines that it is necessary or desirable for the commission to adopt new or amended rules, the department will:

  (1) notify the members of the relevant advisory committee, if any, of the nature of the rulemaking, including the reasons for the rules and the general subjects to be covered; and

  (2) take into consideration any written responses received from committee members prior to completing the final draft of the proposed rules.

(c) Final review. Upon completing a final draft of proposed rules that are subject to this section and prior to submitting the draft to the commission for proposed adoption, the department will set a meeting of the relevant advisory committee to review and comment on the rules as drafted.

(d) Comment. Prior to commission adoption of proposed rules that are subject to this section, the commission will provide the advisory committee and department staff an opportunity to appear before it for the purpose of advising the commission of the advisory committee's recommendations regarding the proposed rules.

(e) Emergency rules. If the department submits emergency rules to the commission under Government Code, Chapter 2001, §2001.034, it is not required to comply with subsections (b) and (c) of this section. The members of the committee will be notified in writing of the adoption of emergency rules within 10 days of commission action.

(f) Waiver. A committee may elect to waive preliminary or final review of rules presented under this section.

(g) Deferral. A committee may elect to defer review of rules under this section until the public comment period.

Source Note: The provisions of this §1.83 adopted to be effective July 23, 2000, 25 TexReg 6799; amended to be effective January 2, 2002, 26 TexReg 11046

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