Sec. 2001.034. EMERGENCY RULEMAKING. (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.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Structure Texas Statutes
Subtitle A - Administrative Procedure and Practice
Chapter 2001 - Administrative Procedure
Section 2001.021. Petition for Adoption of Rules
Section 2001.022. Local Employment Impact Statements
Section 2001.0221. Government Growth Impact Statements
Section 2001.0225. Regulatory Analysis of Major Environmental Rules
Section 2001.023. Notice of Proposed Rule
Section 2001.024. Content of Notice
Section 2001.025. Effective Date of Notice
Section 2001.026. Notice to Persons Requesting Advance Notice of Proposed Rules
Section 2001.028. Notice of Proposed Law Enforcement Rules
Section 2001.029. Public Comment
Section 2001.030. Statement of Reasons for or Against Adoption
Section 2001.031. Informal Conferences and Advisory Committees
Section 2001.032. Legislative Review
Section 2001.033. State Agency Order Adopting Rule
Section 2001.034. Emergency Rulemaking
Section 2001.035. Substantial Compliance Requirement; Time Limit on Procedural Challenge
Section 2001.036. Effective Date of Rules; Effect of Filing With Secretary of State
Section 2001.037. Official Text of Rule
Section 2001.038. Declaratory Judgment
Section 2001.039. Agency Review of Existing Rules
Section 2001.040. Scope and Effect of Order Invalidating Agency Rule