SECTION 29.23. Expedited Certification of Rules and Rule Amendments

(a) In accordance with this section, the commissioner may provide expedited certification of a rule or rule amendment. An agency may request and the commissioner may provide expedited certification of an agency's rule or rule amendment only if:

(1) the agency has included in the preamble to the proposed rule or rule amendment published in the Texas Register notice that the agency will seek expedited certification upon adoption of the rule;

(2) the agency has filed with the CMP coordinator at the time the rule or rule amendment is proposed a Notice of Intent to Seek Expedited Certification and attached a copy of the proposed rule or rule amendment; and

(3) the agency submitted the draft rule or draft rule amendment to the CMP coordinator for pre-certification review pursuant to §29.24 of this chapter (relating to Pre-Certification Review of Draft Rules and Draft Rule Amendments).

(b) When an agency requests an expedited certification in accordance with this section, the commissioner shall make a determination as to whether the rule or rule amendment should be certified as consistent with the CMP goals and policies within 26 days of the date the rule or rule amendment was adopted, or before the effective date of the rule or rule amendment, whichever is later.

(c) If the commissioner finds that the rule or rule amendment incorporates or otherwise requires the agency to comply with all applicable goals and policies of the program, the commissioner shall issue a written certification of the rule.

(d) If the commissioner finds that the rule does not incorporate or otherwise require the agency to comply with all applicable goals and policies of the program, the commissioner shall issue a written statement denying certification of the rule. The denial shall explain the basis for such denial, and recommend rule revisions necessary to obtain certification. The agency may amend the rule and resubmit it for certification.

Source Note: The provisions of this §29.23 adopted to be effective December 29, 1995, 20 TexReg 10789; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective March 29, 2010, 35 TexReg 2603; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675