31 Tex. Admin. Code § 29.22 - Consistency Required for New Rules and Rule Amendments Subject to the Coastal Management Program

(a) When proposing to adopt or amend a rule listed in § 29.11(b) of this chapter (relating to Actions and Rules Subject to the Coastal Management Program) an agency shall include in the preamble to the proposed rule as published in the Texas Register the following:

(1) a statement that the proposed rule or rule amendment is subject to the Coastal Management Program and must be consistent with all applicable CMP policies;

(2) a reasoned justification explaining the basis upon which the agency concluded the proposed rule is consistent with each applicable CMP policy; and

(3) a request for public comment on the consistency of the proposed rule or rule amendment.

(b) Simultaneously with the filing of a proposed rule or rule amendment with the Texas Register, the agency shall submit a copy of the proposed rule or rule amendment to the CMP coordinator, who shall distribute it to all committee members.

(c) During the comment period provided by the agency, committee members should comment on the consistency of the proposed rule or rule amendment. As provided in the Administrative Procedure Act, the agency shall consider and respond to the comments of the public and committee members on the consistency of the proposed rule or rule amendment.

(d) Upon adoption of the rule or rule amendment, an agency shall affirm that it has taken into account the goals and policies of the CMP by issuing a reasoned determination that the rule or rule amendment is consistent with the CMP goals and policies.

Notes

31 Tex. Admin. Code § 29.22

The provisions of this §505.22 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective March 29, 2010, 35 TexReg 2603; Amended by Texas Register, Volume 43, Number 39, September 28, 2018, TexReg 6452, eff. 10/7/2018; Entire chapter transferred from Title 31, Chapter 505 by Texas Register, Volume 47, Number 43, October 28, 2022, TexReg 7301, eff. 12/1/2022; Amended by Texas Register, Volume 48, Number 27, July 7, 2023, TexReg 3676, eff. 7/10/2023