SECTION 91.37. How to File Emergency Rules

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

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

(2) When you propose an emergency amendment to 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 submitting the emergency repeal of existing rules, list the rule numbers and titles but omit the rule text. You may group emergency repeals into one rulemaking document as long as they share the same chapter, subchapter and division.

(c) Draft an emergency rule preamble that conforms to the Texas Government Code, §2001.034, concerning Emergency Rulemaking. In the first paragraph of the preamble, state the name of your agency, the type of rulemaking action you are adopting on an emergency basis (new, amendment, or repeal), and every section that is affected. Include any other statement that your agency determines is required by law.

(d) 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."

(e) Use the following codes to format preamble and rule text:

Attached Graphic

(f) 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.

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

(h) If the emergency 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).

(i) Complete one Emergency Rulemaking form for each emergency 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.

(j) Emergency action becomes effective immediately upon filing or on a stated date less than 20 days after filing. The effective date cannot be earlier than the filing date. The APA limits the effectiveness of emergency action to 120 days, renewable for no more than 60 days, for a maximum of 180 days. File the renewal notice during the last 20 days of the original period of effectiveness. You may not renew the effective period after the expiration date. The expiration date is the final full calendar day in the count.

(k) You may not amend an emergency rulemaking action. To change a new or amended emergency rule before it expires, file a withdrawal of the action and submit a new emergency rulemaking document. Do not withdraw an emergency rule and file it a second time for the purpose of extending the 180-day effective period.

Source Note: The provisions of this §91.37 adopted to be effective March 23, 2003, 28 TexReg 2303