Texas Administrative Code
Title 1 - ADMINISTRATION
Part 4 - OFFICE OF THE SECRETARY OF STATE
Chapter 91 - TEXAS REGISTER
Subchapter C - RULEMAKING
Section 91.39 - Rule Transfers and Invalid Rules
Current through Reg. 49, No. 12; March 22, 2024
(a) Rule transfers (Government Code, § RSA 2002.058(a)). If legislation transfers rulemaking authority to your agency from another agency, send a letter to the director of the Texas Register, requesting the administrative transfer of the rules in question. Cite the legislation that requires this transfer as well as the effective date of the transfer. You will also submit a rule conversion chart containing the old and new chapters, subchapters and divisions (if applicable), and rule numbers affected by the transfer.
(b) Invalid rules (Government Code, § RSA 2002.058(b)). If a final court judgment renders your agency's rules invalid, you must formally revise or repeal those rules according to the rulemaking procedures in this subchapter.
(c) Remand of rules (Government Code, § RSA 2001.040). If a court remands a rule or portion of a rule, you may determine to revise and readopt the rule according to the procedures in § RSA 91.36 of this title (relating to How to File Adopted Rules) or submit other appropriate notice that complies with the court's directive.