SECTION 91.39. Rule Transfers and Invalid Rules

(a) Rule transfers (Government Code, §2002.058(a)). If legislation transfers rulemaking authority to your agency from another agency, send a letter to the director of the Texas Register, requesting the administrative transfer of the rules in question. Cite the legislation that requires this transfer as well as the effective date of the transfer. You will also submit a rule conversion chart containing the old and new chapters, subchapters and divisions (if applicable), and rule numbers affected by the transfer.

(1) Create the conversion chart in Word or Word Perfect. Use the table format, not tabs.

(2) Submit the chart to the Texas Register using e-mail or ftp (file transfer protocol).

(b) Invalid rules (Government Code, §2002.058(b)). If a final court judgment renders your agency's rules invalid, you must formally revise or repeal those rules according to the rulemaking procedures in this subchapter.

(c) Remand of rules (Government Code, §2001.040). If a court remands a rule or portion of a rule, you may determine to revise and readopt the rule according to the procedures in §91.36 of this title (relating to How to File Adopted Rules) or submit other appropriate notice that complies with the court's directive.

Source Note: The provisions of this §91.39 adopted to be effective March 23, 2003, 28 TexReg 2303