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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 10. GENERAL GOVERNMENT |
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Subtitle A. ADMINISTRATIVE PROCEDURE AND PRACTICE |
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Chapter 2001. ADMINISTRATIVE PROCEDURE |
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Subchapter B. RULEMAKING |
Sec. 2001.034. EMERGENCY RULEMAKING
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(a) A state agency may adopt an emergency rule without prior notice or hearing, or with an abbreviated notice and a 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 under Subdivision (1).
(b) A state agency shall set forth in an emergency rule's preamble the finding required by Subsection (a).
(c) 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. An identical rule may be adopted under Sections 2001.023 and 2001.029.
(d) A state agency shall file an emergency rule adopted under this section and the agency's written reasons for the adoption in the office of the secretary of state for publication in the Texas Register in the manner prescribed by Chapter 2002.