SECTION 91.35. How to File Proposed Rules

(a) Draft new or amended rules according to the structure outlined in §91.33 of this title (relating to Rule Structure and Terminology). You may group proposed new and/or amended rules into one rulemaking document as long as they share the same chapter, subchapter and division.

(1) Submit the complete text of a new rule.

(2) When you propose to amend an existing rule, put new language before obsolete language. You must account for all existing language, but you may omit the text of one or more subdivisions that are not being changed and replace it with the phrase "(No change.)" Examples: "(a) (No change.)"; "(1) - (3) (No change.)" However, when you propose to amend the text of a subdivision, you must submit the complete text for every higher subdivision. Example: If subparagraph (B) under subsection (a)(3) is amended, the entire text of subsection (a) and paragraph (3) must be included in the document although only subparagraph (B) is being amended. Do not designate an "implied (a)" as "(No change.)"

(b) When proposing to repeal existing rules, list the rule numbers and titles but omit the rule text. You may group proposed repeals into one rulemaking document as long as they share the same chapter, subchapter and division.

(c) Draft a proposed rule preamble that conforms to the Texas Government Code, §2001.024, concerning Content of Notice. The first paragraph of the preamble should state the name of your agency, the type of rulemaking action you are proposing (new, amendment, or repeal), and every section that is affected. Include any other statement that your agency determines is required by law.

(d) You may submit one preamble for all proposed rulemaking documents which share the same chapter and fiscal note. The "common preamble" accompanies the document with the lowest rule number. If a repeal and new rule document have the same number, the common preamble accompanies the repeal. The common preamble addresses all the affected rules; however, each rule document has its own statutory authority note.

(e) In a separate paragraph after the preamble, list the statutory or other authority under which the rule is proposed and the statutory section or article that the rule implements. For example: "Statutory Authority: Government Code, §2002.017. Cross-reference to Statute: Government Code, Chapter 2002."

(f) When you draft the proposed rule document in a word processing program, use a hard return at the end of every paragraph and rule subdivision and make sure that every line of text is flush with the left margin. Format preamble and rule text using the following codes:

Attached Graphic

(g) Save the text of the document in "Text Only (*.txt)" format. Name files using the month and date of submission followed by a decimal point and the agency code assigned by the Texas Register. If you submit more than one file on the same day, insert a letter in sequence after the date and before the decimal point. For example: The file name 0715.004 indicates that a file was sent on July 15 by the Office of the Secretary of State while the names 0715a.004 and 0715b.004 indicate a second and third file were sent on the same day. If you are using e-mail, include the file name in the subject line. You may submit more than one rulemaking document in an electronic file.

(h) Submit the file using either e-mail or ftp (file transfer protocol).

(i) If the proposed rulemaking document includes a graphic, submit the graphic file electronically in compliance with §91.41 of this title (relating to How to Submit Rule Graphics).

(j) Complete one Proposed Rulemaking form for each proposed rulemaking document. Access the form on the Texas Register web site under the link "For Liaisons Only" using the User Name and Password described in §91.3(b) of this title (relating to Liaison and Certifying Official). Submit the form either:

(1) electronically over the web; or

(2) by fax to the Texas Register office.

(k) Do not propose to amend a rule until any pending proposed action on that rule has been adopted and taken effect or has been withdrawn. The only exception is a rule that consists exclusively of definitions.

Source Note: The provisions of this §91.35 adopted to be effective March 23, 2003, 28 TexReg 2303