| (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.
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