| (k) Proposed Rulemaking under the APA. If the Board
decides to proceed with rulemaking after receipt of the negotiated
rulemaking committee's report, the Board shall initiate rulemaking
under the regular Administrative Procedures Act (APA) procedures,
as prescribed in Texas Government Code, Chapter 2001, Subchapter B.
In addition to the APA's requirements regarding the contents of notice
of proposed rulemaking, the notice will also state that:
(1) the Board used negotiated rulemaking in developing
the proposed rule; and
(2) the negotiated rulemaking committee report is public
information and the report's location at which it will be available
to the public. All published proposed rules will conform to the agreements
resulting from consensus, if any, achieved through negotiated rulemaking
(as reflected in the negotiated rulemaking committee's report).
(l) Confidentiality of Certain Records and Communications.
CPRC §154.053 and §154.073 apply to the communications,
records, conduct, and demeanor of the facilitator and the members
of the negotiated rulemaking committee as if the negotiated rulemaking
were a dispute being resolved in accordance with CPRC Chapter 154.
In the negotiated rulemaking context, the Texas Office of the Attorney
General, subject to review by a Travis County district court, decides
in accordance with CPRC §154.073(d) whether a communication or
material subject to CPRC §154.073(d) is confidential, excepted
from required disclosure, or subject to required disclosure. Notwithstanding
CPRC §154.073(e):
(1) a private communication and a record of a private
communication between a facilitator and a member or members of the
committee are confidential and may not be disclosed unless the member
or members of the committee, as appropriate, consent to the disclosure;
and
(2) the notes of a facilitator are confidential except
to the extent that the notes consist of a record of a communication
with a member of the committee who has consented to disclosure in
accordance with paragraph (1) of this subsection.
(m) The Board hereby delegates to the Commissioner
the responsibilities and authority set forth in this section.
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