SECTION 107.60. Adopting, Repealing, or Amending Rules

(a) All rules shall be adopted, repealed, or amended in accordance with the Administrative Procedure Act. Prior to adopting, repealing, or amending any rule, the agency shall give at least 30 days notice of its intended action. Notice of the proposed rule shall be filed with the secretary of state for publication in the Texas Register and a copy of the notice delivered to the lieutenant governor and speaker of the House of Representatives. No Rule or regulation proposed for adoption may be adopted until such proposed rule or regulation has been published in the Texas Register as provided by law. The notice shall include the following:

(1) A brief explanation of the rule;

(2) The text of the proposed rule, except any portion omitted as provided in the Government Code, Chapter 2002, §2002.014.

(3) A statement of the statutory or other authority under which the rule is proposed to be adopted.

(4) A fiscal note showing the name and title of the officer preparing it.

(5) A note about public benefits and costs showing the name and title of the officer responsible for preparing it.

(6) A local employment impact statement prepared under the Government Code, Chapter 2001, §2001.022, if required.

(7) A request for comments on the proposed rule from any interested person.

(8) Any other statement required by law.

(b) Each notice of a proposed rule becomes effective as notice when published in the Register. The notice shall be mailed to all persons who have made timely written requests of the agency for advance notice of its rule-making proceedings. However, failure to mail the notice does not invalidate any actions taken or rules adopted.

(c) Prior to the adoption of any rule, the agency shall give all interested a reasonable opportunity to submit data, views, or arguments, orally or in writing.

(d) The agency may adopt an emergency rule without prior notice or hearing, or with an abbreviated notice and hearing that it finds practicable, if the agency:

(1) finds that an imminent peril to the public health, safety, or welfare, or a requirement of state or federal law, requires adoption of a rule on fewer than 30 days' notice; and

(2) states in writing the reasons for its finding.

(3) A rule adopted under this section may be effective for not longer than 120 days and may be renewed once for not longer than 60 days.

(4) The agency shall file an emergency rule adopted under this section and the agency's written reasons for adoption with the secretary of state for publication in the Texas Register.

(e) The agency may use informal conferences and consultations to obtain opinions and advice of interested persons about contemplated rule-making. The agency also may appoint committees of experts or interested persons or representatives of the public to advise it about any contemplated rule-making. The powers of these committees are advisory only.

(f) Any interested person may petition the agency requesting the adoption of a rule. The petition must be presented in substantially the form found in §107.62 of this title (relating to Appendix). Not later than the 60th day after the date of submission of a petition the agency shall:

(1) deny the petition in writing, stating the reasons for its denial; or

(2) initiate a rulemaking proceeding.

Source Note: The provisions of this §107.60 adopted to be effective January 1, 1976; amended to be effective May 3, 1976, 1 TexReg 1003; amended to be effective May 24, 1976, 1 TexReg 1252; amended to be effective November 30, 1999, 24 TexReg 10546