(a) The division shall conduct a thorough, independent review of each proposed rule submitted to the division under §5.204 of this subchapter to determine:
  (1) if the effect of the proposed rule on market competition is consistent with state policy as established by the state agency's governing statute; and
  (2) whether the proposed rule promotes a clearly articulated and affirmatively expressed policy as established by the legislature to displace competition with government action.
(b) In conducting a review of a proposed rule, the division may request information from the state agency that submitted the proposed rule or require the state agency to conduct an analysis of possible implications of the proposed rule. The division may also hold public hearings.

Source Note: The provisions of this §5.207 adopted to be effective October 14, 2020, 45 TexReg 7237