The Regulatory Compliance Division of the Office of the Governor is responsible for conducting an independent review of certain state agencies’ proposed rules that affect market competition to assess their consistency with state policy as clearly articulated by the Legislature in state statute. The primary purposes of the new subchapter are to specify the state agencies that are required by statute to submit proposed rules to the Division, to provide guidance regarding the procedures that state agencies must follow when submitting proposed rules to the Division, and to formalize the practices that the Division follows when reviewing proposed rules.
The April 24th Texas Register has published the following proposed new rules 1 TAC §§5.201 – 5.213. Proposed new §5.201 identifies those state agencies that are required by statute to submit proposed rules to the Division. Proposed new §5.202 defines certain terms for use throughout the new subchapter. Proposed new §5.203 addresses the computation of time for purposes of the new subchapter. Proposed new §5.204 states which proposed rules must be submitted to the Division and describes when and how proposed rules must be submitted to the Division. Proposed new §5.205 sets out how the Division will provide public notice of the submission of proposed rules to the Division. Proposed new §5.206 addresses when and how state agencies must supplement proposed rule submissions. Proposed new §5.207 states what the Division’s review of a proposed rule encompasses and what activities the Division may undertake when reviewing a proposed rule. Proposed new §5.208 explains how and when the Division will accept public comments on a proposed rule that is under Division review. Proposed new §5.209, §5.210, and §5.211 address the issuance of determination letters on proposed rules by the Division and the effect of the Division’s decision to approve or reject a proposed rule. Proposed new §5.212 describes the limitation on the information and communications that the Division may consider when reviewing a proposed rule. Proposed new §5.213 sets out the information that the Division will make publicly available on its website. For more details: 1 TAC §§5.201 – 5.213 proposed rules.