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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. 2001.039. AGENCY REVIEW OF EXISTING RULES
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(a) A state agency shall review and consider for readoption each of its rules in accordance with this section.
(b) A state agency shall review a rule not later than the fourth anniversary of the date on which the rule takes effect and every four years after that date. The adoption of an amendment to an existing rule does not affect the dates on which the rule must be reviewed except that the effective date of an amendment is considered to be the effective date of the rule if the agency formally conducts a review of the rule in accordance with this section as part of the process of adopting the amendment.
(c) The state agency shall readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.
(d) The procedures of this subchapter relating to the original adoption of a rule apply to the review of a rule and to the resulting repeal, readoption, or readoption with amendments of the rule, except as provided by this subsection. Publishing the Texas Administrative Code citation to a rule under review satisfies the requirements of this subchapter relating to publishing the text of the rule unless the agency readopts the rule with amendments as a result of the review.
(e) A state agency's review of a rule must include an assessment of whether the reasons for initially adopting the rule continue to exist.