31 Tex. Admin. Code § 29.21 - Effect of Commissioner Certification of Agency Rules and Rule Amendments
(a) Upon the commissioner's certification of
an agency's rules or rule amendments pursuant to §
29.20 of this chapter (relating to
Commissioner Review and Certification of Agency Rules and Rule Amendments) or §
29.23 of this chapter (relating to
Expedited Certification of Rules and Rule Amendments), the agency's rules are
incorporated into the CMP goals and policies, and any threshold for referral
approved pursuant to §
29.26 of this chapter (relating to
Approval of Thresholds for Referral) that applies to actions under those rules
shall become operative and limit the commissioner's authority to review
individual actions of the agency, as provided in §
29.32 of this chapter (relating to
Requirements for Referral of a Proposed Agency Action).
(b) After an agency's rules are certified and
an agency's thresholds are approved, the agency's consistency determination for
an action is final and is not subject to referral and review, except as
provided by §
29.32 of this chapter.
(c) Where commissioner certification of a
rule or rule amendment takes place after the effective date of a rule or rule
amendment, the provisions of §
29.32 of this chapter will be
considered to be in effect to limit commissioner review of an agency action
listed in §
29.11(a) of this
chapter (relating to Actions and Rules Subject to the Coastal Management
Program) provided:
(1) the agency files a
request for certification of the rule or rule amendment within seven days of
the date of adoption;
(2) the
action is undertaken pursuant to the rule or rule amendment for which
certification is sought; and
(3)
the action was initiated after the rule or rule amendment was adopted and
before the commissioner acted on the request for certification.
Notes
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