SECTION 91.40. How to File Adoption by Reference (ABR) Material

(a) You may adopt the following documents by reference:

(1) federal statutes and regulations;

(2) state statutes and rules;

(3) publications specifically authorized by statute to be adopted by reference; and

(4) forms.

(b) The director of the Texas Register must approve ABR information not listed in subsection (a)(1) - (4) of this section before you adopt it by reference. To be considered for ABR, the information must be cumbersome, expensive, or otherwise inexpedient to include in the Texas Register.

(c) The text of the ABR information need not conform to the Texas Register format requirements and will not be published in the Texas Register or TAC.

(d) When adopting by reference, follow the requirements outlined in this subchapter. Give notice of intention to adopt by reference in the form of a numbered rule. Note the revision date of the ABR information. Amend the rule to adopt a newer version of the ABR information.

(e) You are responsible for maintaining and distributing to interested parties all versions of the ABR information, including those that have been superseded or repealed.

Source Note: The provisions of this §91.40 adopted to be effective March 23, 2003, 28 TexReg 2303