SECTION 91.74. Notice of Readoption (Adopted Review)

(a) You may submit a notice of readoption (adopted review) 30 days after publication of the notice of intention to review (proposed review).

(b) An agency may submit the review of multiple chapters, subchapters, divisions, or sections, but the Texas Register will post a Chapter Review Date for a chapter in TAC only after an agency submits a notice of readoption (adopted review) to confirm the review of an entire chapter. To ensure that we will track the Chapter Review Date, include a statement such as "This concludes the review of Chapter ___."

(1) The Chapter Review Date is the filing date of an adopted review notice, which states that the review of a chapter is complete. An agency may specify an earlier date, such as the first date on which an agency reviewed any portion of a chapter. The Chapter Review Date does not represent the "effective date" of a rule under the Government Code, §2001.036 (typically 20 days after filing), nor does it represent the "effective date" under §1.11(c) of Acts 1999, 76th Legislature, Chapter 1499, Senate Bill 178 (the date on which the state agency begins the review of the rule).

(2) The Chapter Review Date appears only in the searchable version of the TAC database available to subscribers. The Secretary of State will provide each agency with two free subscriptions to the database.

(c) Draft a notice of adopted review that includes:

(1) the chapter numbers or subchapter letters;

(2) the publication date and page number for the notice of intention to review (proposed review);

(3) a summary of public comments regarding the readoption or a statement that the agency received no comments;

(4) an assessment of whether the reasons for initially adopting the rules continue to exist; and

(5) any other statement that an agency determines is required by law or explains the agency's intentions.

(d) You may list rule numbers and names. Exclude rule text.

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

Attached Graphic

(f) Save the text of the document in "Text Only (*.txt)" format. Name the file 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 miscellaneous or nonrulemaking document in an electronic file.

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

(h) Complete one Rule Review form for each adopted review 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.

(i) You may submit documents concurrently for publication in the Rules Review section and the Proposed Rules, Adopted Rules, Emergency Rules, and Withdrawn Rules sections of the Texas Register. Do not submit revisions to rules through the rule review process outlined in this subchapter.

Source Note: The provisions of this §91.74 adopted to be effective March 23, 2003, 28 TexReg 2303