SECTION 91.2. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

(1) APA--Administrative Procedure Act, Government Code, Chapter 2001.

(2) Agency--A state officer, board, commission, or department with statewide jurisdiction that makes rules or determines contested cases other than an agency wholly financed by federal money, the legislature, the courts, or an institution of higher education.

(3) Certify--To confirm that documents have been reviewed by legal counsel to determine that the rule action is within the agency's legal authority to adopt or that the rule action is a valid exercise of the agency's legal authority.

(4) Certifying official--An individual authorized by an agency to certify documents submitted for filing with the Texas Register, as authorized by the Government Code, §2002.020, concerning Certification.

(5) Electronic file--An electronic text file consisting of either one or more miscellaneous documents or one or more rulemaking documents submitted for publication in the Texas Register.

(6) Graphic material--Charts, maps, spread sheets, pictures, equations, tables of two or more columns, or any other type of information that requires special formatting to be reproduced in the Texas Register.

(7) Liaison--An individual designated by an agency to act as its representative to the Texas Register, as authorized by the Government Code, §2002.021, concerning Agency Liaison.

(8) Miscellaneous document--A nonrulemaking notice that is submitted for publication in the "In Addition" section of the Texas Register.

(9) Preamble--A narrative introduction to a notice of rulemaking that conforms to the requirements of the Government Code, §§2001.024, 2001.033, and 2001.034, for proposed, adopted, and emergency rules. Two or more rulemaking documents may have a single or "common" preamble, as long as they share the same chapter and fiscal note.

(10) Rule--Any agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency. It includes the amendment or repeal of a prior rule, but does not include a statement regarding only the internal management of a state agency not affecting private rights or procedures.

(11) Rulemaking document--Notice of proposed rulemaking, adopted rulemaking, emergency rulemaking, or withdrawn rulemaking. In the context of rulemaking notices, a "rulemaking document" may be referred to as a "document". If a group of rulemaking notices share a common preamble as defined in paragraph (9) of this section, each separate notice is still considered to be a "rulemaking document".

(12) Section--A specific numbered rule in the Texas Administrative Code.

(13) Signature--A signature required by Government Code, §2002.016, Filing Procedures. It is not limited to the cursive writing of a signer's name, but may be electronic, printed, typed, stamped, or faxed, as authorized by the certifying official and liaison.

(14) TAC--The Texas Administrative Code, as established by the Government Code, Chapter 2002.

(15) Text only--The electronic file format required by the Texas Register in document submissions. Text only (.txt) excludes formatting such as indentations, type styles, and special characters.

(16) TRD number--The Texas Register docket number assigned to each document.

(17) Verify--To confirm that submitted documents have been reviewed by the agency liaison and are correct in format, structure, and content.

Source Note: The provisions of this §91.2 adopted to be effective March 23, 2003, 28 TexReg 2303