SECTION 91.36. How to File Adopted Rules

(a) At least 30 days after publication of a proposed rulemaking document but not more than six months later, you may submit an adopted rulemaking document. If the last day of the six-month period falls on Saturday, Sunday, or a legal holiday, you may file the adopted rulemaking document on the next business day. The APA states that a rule takes effect 20 days after the date on which it is filed in the Office of the Secretary of State unless a later date is required by statute, specified in the rule, or required by federal mandate.

(b) Draft new or amended rules according to the structure outlined in §91.33 of this title (relating to Rule Structure and Terminology). Incorporate any changes to the proposed rule text, including any style or format corrections made by the Texas Register. Delete any new language coding, brackets and obsolete language. Submit the complete text of new and amended rules. Do not designate any portion of the rule text as "(No change.)" You may group adopted new and/or amended rules into one rulemaking document as long as they share the same chapter, subchapter and division.

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

(d) Draft an adopted rule preamble that conforms to the Texas Government Code, §2001.033, concerning State Agency Order Adopting Rule. The first paragraph of the preamble should state the name of your agency, the type of rulemaking action you are adopting (new, amendment, or repeal), every section that is affected, and whether the sections are adopted with or without changes from the proposed rulemaking document. Cite the issue date and page number of the Texas Register in which the proposed rulemaking document was published. Include any other statement that your agency determines is required by law.

(e) You may submit one preamble for all adopted rulemaking documents that 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.

(f) 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."

(g) When you draft an adopted 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

(h) 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.

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

(j) If the adopted 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).

(k) Complete one Adopted Rulemaking form for each adopted 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.

Source Note: The provisions of this §91.36 adopted to be effective March 23, 2003, 28 TexReg 2303