(a) While a proposed rule is being reviewed by the division, the state agency must provide to the division:
  (1) copies of any administrative records regarding the proposed rule created, received, or consulted by the state agency after submission of the proposed rule to the division, including any information or comments received from the public after the submission; and
  (2) any amendments to the proposed rule that the state agency intends to adopt and that were not included in the proposed rule submission.
(b) If a state agency supplements a proposed rule submission under subsection (a) of this section with a substantial amount of administrative records or with an amendment that significantly changes the proposed rule in nature or scope, the division may:
  (1) require the submission of an updated rule submission memorandum;
  (2) reopen or extend the public comment period on the proposed rule; and
  (3) deem the supplemented submission a new submission, including restarting the 90-day period for the division to issue a determination letter approving or rejecting the proposed rule.
(c) After the division has issued a determination letter approving a proposed rule or disapproving a proposed rule with precise instructions, the state agency may provide to the division an amendment to the proposed rule that the state agency intends to adopt but did not previously provide to the division, if the amendment does not include a change to the proposed rule that would require the rule to be re-proposed in the Texas Register.
(d) If a state agency supplements a proposed rule submission under subsection (c) of this section, the division may, at its discretion, issue an addendum to the determination letter addressing the amendment to the proposed rule, as provided in §5.209(e) of this subchapter, or require the state agency to re-submit the proposed rule and amendment as a new submission under §5.204 of this subchapter.

Source Note: The provisions of this §5.206 adopted to be effective October 14, 2020, 45 TexReg 7237; amended to be effective October 28, 2021, 46 TexReg 7205