(a) A state agency must submit to the division, before final adoption or implementation, any proposed rule that has been published in the Texas Register, including a new rule, a rule change, a rule repeal, or a rule readoption, if:
  (1) the state agency determines that the proposed rule would affect market competition in this state relating to a business, occupation, or profession for which a license is issued; or
  (2) the division identifies the proposed rule as one that it has reason to believe may affect market competition in this state relating to a business, occupation, or profession for which a license is issued.
(b) A state agency acting under subsection (a)(1) of this section may submit the proposed rule to the division no earlier than the date that the proposed rule is published in the Texas Register. If the division identifies a proposed rule for submission to the division under subsection (a)(2) of this section, the division shall notify in writing the state agency head, the presiding officer of the governing body of the state agency, and, if different from the state agency head or presiding officer, the certifying official, as defined in 1 Texas Administrative Code §91.2(4), who certified the proposed rule for filing with the Texas Register not later than the last day of the public comment period provided for the proposed rule in the Texas Register. There is no deadline by which a state agency must submit a proposed rule to the division.
(c) A state agency submitting a proposed rule to the division must use the rule submission memorandum template prescribed by the division and available on the division's website. The state agency must include with the rule submission memorandum:
  (1) a copy of the proposed rule as it appeared in the Texas Register in its entirety;
  (2) the language of any amendments to the proposed rule that the state agency intends to adopt;
  (3) copies of all of the state agency's administrative records regarding the proposed rule, including any information or comments that the state agency received from the public; and
  (4) any other nonprivileged and nonconfidential information that the state agency considers relevant to the division's review of the proposed rule.
(d) A state agency submitting a proposed rule to the division must submit it by:
  (1) hand delivery to "Office of the Governor, Attn: Regulatory Compliance Division, State Insurance Building, 1100 San Jacinto, Austin, Texas 78701";
  (2) mail to "Office of the Governor, Attn: Regulatory Compliance Division, P.O. Box 12428, Austin, Texas 78711"; or
  (3) email to "RegulatoryCompliance@gov.texas.gov".
(e) Not later than the 10th business day after the date that the division receives a proposed rule submission from a state agency, the division shall notify in writing the state agency head, the presiding officer of the governing body of the state agency, and, if different from the state agency head or presiding officer, the agency staff or governing body member who submitted the proposed rule to the division of the division's receipt of the proposed rule and the period during which the division will accept public comments on the proposed rule.

Source Note: The provisions of this §5.204 adopted to be effective October 14, 2020, 45 TexReg 7237