Sec. 2001.036. EFFECTIVE DATE OF RULES; EFFECT OF FILING WITH SECRETARY OF STATE. (a) A rule takes effect 20 days after the date on which it is filed in the office of the secretary of state, except that:
(1) if a later date is required by statute or specified in the rule, the later date is the effective date;
(2) if a state agency finds that an expedited effective date is necessary because of imminent peril to the public health, safety, or welfare, and subject to applicable constitutional or statutory provisions, a rule is effective immediately on filing with the secretary of state, or on a stated date less than 20 days after the filing date; and
(3) if a federal statute or regulation requires that a state agency implement a rule by a certain date, the rule is effective on the prescribed date.
(b) A state agency shall file with its rule the finding described by Subsection (a)(2), if applicable, and a brief statement of the reasons for the finding. The agency shall take appropriate measures to make emergency rules known to persons who may be affected by them.
(c) A rule adopted as provided by Subsection (a)(3) shall be filed in the office of the secretary of state and published in the Texas Register.
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